Topic
class certification
957 published works
Class Defense Blog
Class Action Can’t Be Remanded To State Court Just Because The Plaintiff Says It’s Uncertifiable
When was the last time you saw a plaintiffs’ lawyer seeking to represent a class argue that the class couldn’t be certified? Readers might wonder whether this is a trick…
Employment & Labor
Discovery Before Conditional Certification? Not So Much.
By Gerald L. Maatman, Jr. and Gina R. Merrill Deciding yet another discovery battle in Wellens v. Daiichi Sankyo Inc., Case No. 3:13-CV-00581 (N.D. Cal. April 11, 2014), the U.S.…
Mass Tort Defense
TCPA Class Rejected on Defendant’s Motion
By Sean Wajert
Readers may know that there is a fair amount of litigation alleging violation of the Telephone Consumer Protection Act. What's interesting about this
Class Defense Blog
Class-Action Plaintiffs Must Offer Evidence Showing That They Meet Class-Certification Requirements
By Joshua Yount
A recent decision denying certification of a securities-fraud class action underscores that plaintiffs must prove with evidence that they satisfy the requirements of Federal Rule of Civil Procedure 23, not…
Property Insurance Coverage Law Blog
Is there a class for that? Requirements For “Class Certification” – Aggregate Litigation Series
Let’s consider the following scenarios. For purposes of this discussion, we assume you handle hail claims all over Texas: For all claims statewide in which the carrier pays for full…
Banking, Finance and Securities
District Court Cites Recent “Evolution” of Rule 23 Standards to Deny Class Certification Motion in Securities Action Based Upon Allegedly Misleading Registration Statement
In In re Kosmos Energy Ltd. Securities Litigation, No. 3:12-CV-373-B, 2014 U.S. Dist. LEXIS 36365 (N.D. Tex. Mar. 19, 2014), the United States District Court for the Northern District of…
Class Action Countermeasures
Typicality Applies to Relief, Too – Ubaldi v. SLM Corp.
By The Editors
In Ubaldi v. SLM Corp., No. 11-01320, 2014 U.S. Dist. LEXIS 38587 (N.D. Cal. Mar. 24, 2014), the plaintiffs sued student-loan institution Sallie Mae for allegedly imposing unenforceable choice-of-law provisions on…
All About Advertising Law
POM Wonderful’s Decertification Decision Will Be Hard to Swallow for the Plaintiffs’ Class Action Bar
By Bety Javidzad, Daniel S. Silverman
On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful…
Class Action Countermeasures
Securities Certification Requires Actual Evidence – In re Kosmos Energy
By The Editors
For some time, academics have been decrying the demise of the class action, arguing that the Supreme Court's precedent makes it harder than ever to certify a class under Rule…
Class Defense Blog
Use the “Consumer” in Consumer Class Actions to Defeat Certification
Plaintiffs routinely bring consumer class actions under statutes that allow only consumers—not businesses—to bring claims, or that are limited to transactions solely for personal or household purposes. See, e.g., Electronic…