Topic
class certification
957 published works
Employment Class Action Blog
New York District Court Denies Certification and Conditional Certification of Class of Personal Bankers
By Greg Mersol
One can only imagine the outcome the plaintiffs' attorneys were anticipating: a case against the financial industry, involving non-exempt employees subject to an auto-deduct policy for meal periods, in the…
Class Action Countermeasures
Ascertainability without Record-Keeping: Carrera v. Bayer Corp.
By The Editors
Gabriel Carrera, along with many others like him, bought Bayer's One-A-Day WeightSmart diet supplement. Apparently, he didn't lose the weight he wanted, because he filed a class action alleging that…
Employment & Labor
Certification Of Damages Issues – Really?
By Gerald Maatman, Jr., Rebecca S. Bjork
By Rebecca Bjork and Gerald L. Maatman, Jr. Workplace class actions are being reshaped before our very eyes, as district courts across the country apply important new Supreme Court decisions.…
Class Actions Insider
Criteria for Rule 23(f) Discretion Addressed By D.C. Circuit
A recent decision by the D.C. Circuit has a thorough and interesting discussion of the criteria that the court applies in deciding whether or not to grant interlocutory review of…
EvidenceProf Blog
Good Hands?: Supreme Court of Montana Discusses Applicability of Rules of Evidence At Class Certification Proceedings
By Colin Miller
Do the rules of evidence apply to class certification proceedings? This was the question addressed by the Supreme Court of Montana in Jacobsen v. Allstate Ins. Co., 2013 WL 4605274…
Class Action & Mass Torts
UPDATED – Remanded For Reconsideration In Light Of What Decision, Now, Exactly?
By Gerald Maatman, Jr., Rebecca S. Bjork
By Rebecca Bjork and Gerald L. Maatman, Jr. To reach a decision it issued on August 22, 2013, the U.S. Court of Appeals for the Seventh Circuit was required to…
The Contingency
Enemy of My Enemy Tack Doesn’t Sway Seventh Circuit; Narrow Read of Comcast on Class Cert
The Seventh Circuit, per Judge Richard Posner, has put the kibosh on an effort to kill a pair of class actions over moldy Kenmore washing machines. Butler v. Sears, Roebuck & Co., No.…
Mass Tort Defense
Class of Coffee Purchasers Rejected
By Sean Wajert
Let's continue on our recent focus on some interesting class action decisions. A federal court recently rejected a proposed class of coffee product pu
Class Action Lawsuit Defense
Will Moldy Washing Machines Save the Consumer Class Action from Extinction?
Editor's Note: This blog post was originally published on ClassActionBlawg.com and is reprinted with permission. One of the key questions in the aftermath of the Supreme Court’s recent decision in…
Mass Tort Defense
Seventh Circuit Affirms Ruling Despite Comcast
By Sean Wajert
The Seventh Circuit reaffirmed class certification yesterday in a case involving front loading washers, despite the U.S. Supreme Court's remand of the