Topic
class certification
957 published works
Class Action Lawsuit Defense
California District Court Awaits Class Certification Motion in Wal-Mart
On December 10, 2012, the California District Court denied Wal-Mart’s motion for an interlocutory appeal in a putative class action filed in the wake of the Supreme Court’s decision not…
The Appellate Strategist
Illinois Supreme Court Takes Broad View of Courts’ Power to Decertify a Class
By Kirk Jenkins
Section 2-802(a) of the Illinois Code of Civil Procedure provides that an order certifying a class action “may be conditional and may be amended before a decision on the merits.” 735…
Civil Procedure & Federal Courts Blog
The Seventh Circuit Explains “Incidental Monetary Relief” that May be Certified Under Rule 23(b)(2)
By Civil Procedure & Federal Courts Blog
A new Case Note posted by the ABA Class Action & Derivative Suits Committee:Judge Posner's opinion in Johnson v. Meriter Health Services Employee Retirement Plan, No. 12-2216 (7th Cir. Dec.…
Employment & Labor
Plaintiffs’ Claims In Wal-Mart Survive To See The Light Of Another Day – Court Denies Wal-Mart’s Request For Interlocutory Appeal
By Courtney Bohl and Laura J. Maechtlen We previously blogged about Judge Charles R. Breyer’s September 21, 2012 Order denying Wal-Mart’s motion to dismiss the fourth amended complaint in the…
FDCPA Defense Blog
Fighting FDCPA Class Actions: Challenging The Adequacy Of The Class Representative
By Tomio Narita
The number of class actions filed against the credit and collection industry continues to rise, and FDCPA class actions remains a favorite among consumer attorneys. Although it is easy for…
Mass Tort Defense
Toy Class Rejected on Commonality Grounds
By Sean Wajert
Christmas ought to be the toy season, after all Suzy wants a dolly and Johnny wants a truck. But the plaintiff bar wants it to be season of toy litiga
Beneficially Yours
Rule 23(b)(2) Certification — The Seventh Circuit Strikes Again, This Time In The ERISA Defined Benefit Context
By: Mark Casciari and Sara Eber On December 4, 2012, Judge Richard Posner of the Court of Appeals for the Seventh Circuit authored yet another decision interpreting the holding and…
Class Defense Blog
Is The Second Circuit Placing A Thumb On The Scale When It Reviews Orders Granting Class Certification?
By Joshua Yount
One oddity of the law in the Second Circuit is the unbalanced standard of review that the court sometimes applies to class certification decisions. On a dozen or so occasions…
Class Actions Insider
Predominance Addressed in New Seventh Circuit Opinion By Judge Posner
The class action world is abuzz with discussion of Judge Posner’s recent opinion for the Seventh Circuit in Butler v. Sears, Roebuck & Co., Nos. 11-8029, 12-8030, 2012 U.S. App.…
The Appellate Strategist
Glazer Should Be Added to SCOTUS’ Class Action Docket
By Kirk Jenkins
As I’ve noted in several previous posts, (see here, and here, and here), the new term at the U.S. Supreme Court is shaping up as a major one for class…