Topic
class certification
957 published works
Class Action & Mass Torts
Another Post-Dukes Decision Spells Doom For The “Subjective Discretion” Theory Of Classwide Discrimination
By Rebecca S. Bjork and Chris Palamountain The post-Dukes class certification decisions keep rolling in, and the most recent demonstrates that class allegations based on the exercise of discretion cannot…
Employment & Labor
Eighth Circuit Rejects Class Claims Based On Attempts To Distinguish Dukes While Affirming Judgment On Individual Claims Based In Part Upon Evidence Concerning Third Parties
By Gerald L. Maatman, Jr. and Chris Palamountain Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), continues to be a focal point in appellate review of class certification…
Class Action Countermeasures
What Does “Objective” Class Membership Mean? – Xavier v. Philip Morris USA
By The Editors
I've written before about the inventiveness of plaintiffs counsel when it comes to tobacco and class actions. And Xavier v. Philip Morris USA, 2011 U.S. Dist. LEXIS 42335 (N.D. Cal. Apr.…
Class Actions Insider
New Ninth Circuit Decision Explains Application of Wal-Mart v. Dukes
A recent Ninth Circuit decision remanded a class certification order for reconsideration in light of Wal-Mart v. Dukes. The court made several key points about consideration of the merits, evaluation…
Mass Tort Defense
Ninth Circuit Applies Dukes
By Sean Wajert
The Ninth Circuit issued an interesting class action decision applying several of the key aspects of the recent Supreme Court decision in Wal–Ma
Labor Law Prof Blog
Ninth Circuit Applies Wal-Mart in Costco Class Action: Reverses and Remands
Last Friday, the Ninth Circuit issued the first appellate court opinion that I've run across applying Wal-Mart v. Dukes to an appeal of class certification. (Earlier in the month, a…
Employment & Labor
New York Ruling Denying Class Certification Shows The Reach Of The New Dukes Defenses Under Rule 23
By Gerald L. Maatman, Jr. and Matthew Gagnon On August 16, 2011, Judge Jack Weinstein of the U.S. District Court for the Eastern District of New York rendered a decision in…
Class Action Countermeasures
No Shortcuts Under Rule 23 – Gates v. Rohm & Haas Co.
By The Editors
The last few weeks have been exceptionally busy for appellate decisions involving class actions. In addition to Judge Easterbrook's In re Aqua Dots opinion, the Sixth Circuit's Pipefitters opinion, the…
Drug & Device Law
Nothing for Something
You've probably heard of getting "something for nothing." We all want that, though we're skeptical that it's really possible. After all, there is no such thing as a free lunch.…
Civil Procedure & Federal Courts Blog
Second Circuit Reverses Class Certification and Settlement After Remand from SCOTUS
By Civil Procedure & Federal Courts Blog
We covered earlier last year’s Supreme Court’s decision in Reed Elsevier, Inc. v. Muchnick, which rejected the argument that a failure to comply with 17 U.S.C. § 411(a)’s registration requirement…