Topic
class certification
957 published works
Sixth Circuit Appellate Blog
Supreme Court Sends Back Sixth Circuit Class Action Decision
By Lauren Kuley
On Monday, the Supreme Court granted certiorari in Fifth Third Bancorp v. Arlington Video Productions – an unpublished Sixth Circuit decision – vacated the judgment, and sent it back to…
Employment & Labor
Subjective Decision Making Strikes Again – Class Certification Denied For Lack Of Commonality And Typicality In Case Involving Discretionary Selection System For Promotions, Training, and Pay Increases
By Courtney K. Bohl and Laura J. Maechtlen On September 29, 2013, Chief Judge Sharon Lovelace Blackburn of the U.S. District Court for the Northern District of Alabama in Bryant,…
Wage & Hour Litigation Blog
Two Stones, One Bird: Employer’s Simultaneous Motions For Summary Judgment and Decertification Pay Off in Arkansas
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Benjamin Briggs and Kevin Young How do you show a judge that the inquiries necessary to resolve the claims of the class in an FLSA collective action are…
Class Defense Blog
Mayer Brown Files Cert Petitions In Front-Loading Washer Cases
By Joshua Yount
Today, Mayer Brown filed a pair of certiorari petitions that challenge efforts by two federal appellate courts to narrow the Supreme Court’s recent class-action decisions in Comcast Corp. v. Behrend…
Consumer Class Defense Blog
In A&L Industries, New Jersey Federal Court Certifies Class, Declining to Follow State Court Opinion that Telephone Consumer Protection Act Suits are Categorically Inapproprirate for Certification
By Gina Merrill, Seyfarth Shaw LLP
In a decision handed down this week, a federal court in New Jersey did little to stem the tide of litigation under the Telephone Consumer Protection Act ("TCPA"). Declining to…
Class Action Countermeasures
The Unruly Class – The Structural Argument against Issue Certification
By The Editors
In the wake of Wal-Mart Stores v. Dukes, Judge Posner certified a class of African-American brokers who claimed racial discrimination solely for the purpose of determining whether a pair of…
Class Actions Insider
Applying Comcast v. Behrend In An Insurance Class Action: District of Alaska Opinion
By Wystan Ackerman, Wystan Ackerman
I’ve tried to make this a blog with national coverage. This post is my first venture to Alaska, which is about as far from my home in Connecticut as one…
Class Defense Blog
Third Circuit Rulings Give Teeth to Ascertainability Requirement for Class Certification
The “ascertainability” requirement for class certification is a crucial safeguard for both defendants and absent class members. There is some debate about its origin: some courts have held that it…
Ad Law Access
Ninth Circuit Holds That Class Member Declarations Do Not Support Finding of Commonality in Class Action
By Kelley Drye
On September 3, 2013 in Thomasson v. GC Services, LP, -- Fed. Appx. --, No. 11-56100, 2013 WL 4713560 (9th Cir. Sept. 3, 2013), the U.S. Court of Appeals for…
Class Action Lawsuit Defense
Seventh Circuit Says “Smallness” Is Not a Bar to Class Certification
Editor's Note: This blog post was originally published on September 17, 2013, courtesy of Renner on Class Actions blog. It is repurposed with permission. In what it describes as an effort to…