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class certification

957 published works

  1. Class Action & Mass Torts

    Another Post-Dukes Decision Spells Doom For The “Subjective Discretion” Theory Of Classwide Discrimination

    By Seyfarth Shaw LLP

    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…

  2. 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 Seyfarth Shaw LLP

    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…

  3. 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.…

  4. Class Actions Insider

    New Ninth Circuit Decision Explains Application of Wal-Mart v. Dukes

    By Wystan Ackerman

    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…

  5. 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

  6. Labor Law Prof Blog

    Ninth Circuit Applies Wal-Mart in Costco Class Action: Reverses and Remands

    By Workplace Prof

    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…

  7. Employment & Labor

    New York Ruling Denying Class Certification Shows The Reach Of The New Dukes Defenses Under Rule 23

    By Seyfarth Shaw LLP

    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…

  8. 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…

  9. Drug & Device Law

    Nothing for Something

    By Stephen McConnell

    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.…

  10. 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…