Topic
class certification
957 published works
The D&O Diary
Halliburton: U.S. Supreme Court Declines to Overturn Basic, Allows Defendants to Rebut Presumption of Reliance
On June 23, 2014, the U.S. Supreme Court released its long-awaited decision in Halliburton Co. v. Erica P. John Fund, in which the Court had taken up the question whether…
Employment & Labor
Central District Of California Denies Class Certification — And It Wasn’t Even Close
By Eric M. Lloyd, Gerald L. Maatman, Jr., and Laura J. Maechtlen Earlier this week, the U.S. District Court for the Central District of California sent plaintiffs seeking to represent a putative class a reminder…
Corporate Defense and Disputes
Presumption of Reliance Survives in Securities Cases, But Defendants Can Dispute Price Impact at Class Certification
By Ann Ashton, Jonathan Richman, Ralph Ferrara, Tanya Dmitronow
The U.S. Supreme Court today declined to abandon the efficient-market theory, with its rebuttable presumption of reliance that enables securities class actions to proceed without proof of actual reliance on…
Sixth Circuit Appellate Blog
Sixth Circuit Sends Class Action Back to District Court
We recently reported on the Supreme Court's GVR (grant, vacate, and remand) of Arlington Video Productions v. Fifth Third Bancorp. In the prior post, we said it would be interesting to…
Class Defense Blog
California Court Says No Need To Resolve Disputes Over Substantive Law In Evaluating Whether Class Can Be Certified
By Donald Falk
Suppose that you’re a trial court considering a motion for class certification. And suppose that the parties present you with two competing statutory interpretations. One legal standard permits the case…
Mass Tort Defense
Class Plaintiffs Ordered to Brief Damages Theory Under Comcast
By Sean Wajert
We have posted about the impact of Comcast Corp. v. Behrend, 133 S. Ct. 1426, 1435 (2013). As the Supreme Court reemphasized in Comcast, in order for
Mass Tort Defense
Motion to Strike Class Allegations Granted
By Sean Wajert
Mercedes-Benz USA LLC made a successful preemptive strike against class certification in a proposed class action suit over alleged suspension problems
Consumer Class Defense Blog
Court Denies Out-Of-The-Gate Motions For Class Certification Of TCPA Complaints Based On Lack Of Numerosity
By Gerald Maatman, Jr., Jennifer A. Riley
Introduction Following the Seventh Circuit’s decision in Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), Plaintiff’s counsel typically file motions for class certification along with their Complaints to…
Proskauer on Class and Collective Actions
California Courts May No Longer Be Able to Certify a Ham Sandwich
By Charles J. Stiegler, Laura Reathaford
Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, as we have…
Law and the Workplace
California Courts May No Longer Be Able to Certify a Ham Sandwich
By Charles J. Stiegler, Laura Reathaford
Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, as we have…