Topic
class certification
957 published works
Class Defense Blog
California Supreme Court Rejects Exceptionally Poor Sampling Method, But Leaves Open Many Questions About Sampling And Class Certification
By Donald Falk, Archis A. Parasharami
In Duran v. U.S. Bank N.A. (pdf), the California Supreme Court recently addressed an important question in the context of state-court class actions: Can plaintiffs invoke statistical sampling in an attempt…
Consumer Class Defense Blog
California Supreme Court Limits Use Of Statistical Sampling In Class Actions
By Scott M. Pearson, Jeffrey A. Berman, Eric M. Lloyd and Kiran Aftab Seldon On May 29, 2014, the California Supreme Court issued its much-anticipated opinion in Duran v. U.S.…
Wage & Hour Litigation Blog
Double Fail!! Fail-Safe Class Fails To Gain Class Certification
By Michael Fucci, Seyfarth Shaw LLP
By Kevin A. Fritz and Jennifer A. Riley Merits-based (a/k/a “fail-safe”) classes have a long-settled reputation of being one of the best examples of the worst defined class. Fail-safe classes…
Employment Class Action Blog
West Virginia District Court Refuses To Certify Fail Safe Class
By Greg Mersol
It’s not uncommon to see putative classes pleaded in terms of the violation of a specific statute, such as “all managers misclassified as exempt by defendant” or “all persons harmed…
Wage & Hour Litigation Blog
When Is A Footnote Not Just A Footnote? When It Helps Level The Playing Field For Employers in Class- And Collective-Action Certification Battles…
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Steve Shardonofsky and Maya Harel In opposing class- or collective-action certification, employers often submit declarations from current employees stating that they have been paid properly and have not been…
California Employment Law Update
Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action
By Keith A. Goodwin, Laura Reathaford
In Stiller v. Costco Wholesale Corp., No. 3:09-cv-2473-GPC-BGS, Plaintiffs Eric Stiller and Joseph Moro alleged that Costco’s loss-prevention closing procedures effectively “forced” employees to work off-the clock without getting paid because…
Class Actions Insider
Motion to Deny Class Certification in Insurance Case Granted, in Part, By Michigan Federal Court
By Wystan Ackerman, Wystan Ackerman
Insurers and other corporations defending against putative class actions often struggle with how to try to achieve an early resolution of a putative class action, and thereby reduce legal expense,…
Mass Tort Defense
Fail Safe Class Rejected in TCPA Case
By Sean Wajert
This year marks the 50th Anniversary of the taut Cold War thriller "Fail-Safe", starring Henry Fonda and Walter Matthau. (If I recall, there
Class Action Countermeasures
Is the Search for Class Unity Misguided?
By The Editors
That's the question asked (and answered) by Texas law professor Robert G. Bone in his paper The Misguided Search for Class Unity. In it, Professor Bone argues that there are two…
Class Action & Mass Torts
New Ruling In The San Francisco Police Officers Case Dilutes Wal-Mart’s Impact On Class Certification Motions
By Gerald L. Maatman, Jr. and Laura J. Maechtlen On April 24, the U.S. Court of Appeals for the Ninth Circuit in Stockwell v. City & Cnty. of San Francisco,…