Topic
class certification
957 published works
Ohio Appellate Insights
Oral Argument Preview: Monster Class Action Certification Case. Cullen v. State Farm Mutual Automobile Insurance Company.
Update: On November 5, 2013, the Supreme Court handed down a merit decision in this case. Read the analysis here. Read the analysis of the oral argument here. On February…
Employment & Labor
Oh, The Irony! Tenth Circuit Upholds Denial Of Class Certification In Nationwide Title VII Gender Discrimination Because Employer Failed To Follow Official Company Performance Management Process
By Gerald L. Maatman, Jr. and Laura J. Maechtlen On January 15, 2012, the U.S. Court of Appeals for the Tenth Circuit upheld a district court order denying class certification…
Sixth Circuit Appellate Blog
Sixth Circuit Reverses Denial of Class Certification
In Arlington Video Productions, Inc. v. Fifth Third Bancorp, the Sixth Circuit, in an unpublished decision, reversed summary judgment granted to Fifth Third and reversed the denial of class certification. …
Ohio Appellate Insights
What’s On their Minds: Evaluating the Merits of Plaintiffs’ Claims When Denying Class Certification. Stammco, LLC, d.b.a. The Pop Shop, et al. v. United Telephone Company of Ohio, d.b.a. United Telephone Co., et al.
Update:On July 16, 2013 the Supreme Court handed down a merit decision in this case. Read the analysis here. On February 6, 2013, the Supreme Court heard oral argument in…
Class Actions Insider
Trial Plans Are A Focus of New Class Certification Decision By Judge Posner
I’ve noted before that Judge Posner of the Seventh Circuit has been particularly prolific in writing class certification opinions. His latest one, Espenscheid v. DirectSat USA, Inc., No. 12-1943, 2013…
Class Action Lawsuit Defense
Seventh Circuit Allows Class Certification Despite Attorney Misconduct
By Eric Fish
Do you ever wonder how plaintiffs’ class action lawyers find their class representatives? And whether there is any possibility of defeating class certification if their efforts are sleazy or downright…
Labor & Employment Law Blog
New 7th Circuit Opinion Explains Plaintiff’s Obligation to Have a Trial Plan to Maintain Class Certification
By Thomas Kaufman On February 4, 2013 in Espenscheid v. DirectSat USA, LLC a Seventh Circuit panel unanimously affirmed a Wisconsin District Court judge's decision to decertify a large off-the-clock overtime class…
Wage & Hour Litigation Blog
Seventh Circuit Raises The Bar On Collective And Class Certification of Wage-Hour Claims
Co-authored by Laura Reasons, Giselle Donado, and Noah Finkel In an opinion likely to make it more difficult for wage-hour plaintiffs to certify a class action and maintain certification of a…
Labor & Employment Law Blog
Plaintiffs Must Offer “Significant Proof” Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes
By Thomas Kaufman and Jason Guyser On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza…
Employment & Labor
Sixth Circuit Lends Its Voice To Chorus Of Denials Of Class Certification In Subjective Discretion Situations
By Rebecca Bjork and Chris Palamountain In 2011, we reported on In Re Countrywide Financial Mortgage Lending Practices Litigation, No. 08-MD-1974, 2011 U.S. Dist. LEXIS 118695 (W.D. Ky. Oct. 13,…