Topic
class certification
957 published works
Class Defense Blog
Do Class Counsel Owe Fiduciary Duties to Absent Class Members Before Class Certification (and Should Defendants Care)?
According to an interesting student note that will soon be published in the Stanford Law Review, the answer to both questions is “yes.” Specifically, the would-be class counsel must “protect[]…
HR Defense
The Dukes Aftermath
In June 2011, the Supreme Court rejected the certification of a class of 1.5 million female employees of Wal-Mart Stores, finding that the plaintiffs' claims lacked commonality. Following this ruling,…
Class Defense Blog
Ninth Circuit Upholds “Provisional” Class Certification for Entry of a Preliminary Injunction in TCPA Class Action
The Ninth Circuit’s recent decision in a TCPA case—Meyer v. Portfolio Recovery Associates (pdf)—involves several interesting issues for class-action practitioners even outside the TCPA setting. First, a bit of background. In…
D&O Discourse
“Materiality” of Class Certification Procedure in Securities Class Actions at Issue in Amgen
By Doug Greene
The Supreme Court’s decision in the Amgen securities case will have a profound impact on the future of securities class action litigation. If the Court affirms the Ninth Circuit’s decision,…
EvidenceProf Blog
Class Act?: 9th Circuit Finds Plaintiff With 10+ Year Old Convictions & False Names An Adequate Class Representative
By Colin Miller
A group of plaintiffs seek provisional class certification for a class action against a defendant, claiming that its debt collection efforts violated the Telephone Consumer Protection Act, 47 U.S.C. § 227.…
Class Defense Blog
Comcast v. Behrend Remains Live: District Court Thwarts Plaintiffs’ Effort To Moot Case By Invoking Unconsummated Settlement
The Supreme Court will be hearing oral arguments in Comcast Corp. v. Behrend, No. 11-864, on November 5. In a nutshell, the issue is whether a federal district court must…
North Carolina Business Litigation Report
Tailors And Class Actions
If you think that tailors have nothing to do with class actions, you are wrong. Judge Jolly denied a motion for class certification last week because the proposed class was…
The Appellate Strategist
Argument Report: When Should a Court Lose the Power to Decertify?
By Kirk Jenkins
Our reports on the oral arguments of the Illinois Supreme Court's September term continue with Mashal v. City of Chicago. Mashal presents an issue of potentially enormous importance to class action…
Drug & Device Law
Basile v. H&R Block – It’s Finally Over (and That’s a Good Thing)
By Bexis
Today's guest post is by Jim Sargent, of Lamb McErlane, who was one of the winning attorneys in the Basile v. H&R Block decision his post discusses. Way to go…
Business and Commercial
Neither A Borrower Class Nor An Employee Class Be: Court Decertifies Mortgage Borrower Class In Light Of Wal-Mart v. Dukes
By Lynn Kappelman and Chris Palamountain The U.S. District Court for the District of Massachusetts has joined a growing chorus of courts willing to apply the Supreme Court’s decision in…