Topic
class certification
957 published works
Class Action Countermeasures
Classic Cases – Eisen v. Carlisle & Jacqueline
By The Editors
This week, we're going to address one of the longest-standing debates in class-action litigation: How much may a court delve into the merits of a class action when deciding certification?…
Class Action Countermeasures
Smith v. Bayer Corp – Highlights from the Oral Argument
By The Editors
On Tuesday, the Supreme Court heard argument in Smith v. Bayer Corp. The argument featured very active participation by the justices. The argument featured several very interesting moments: Plaintiffs' argument focused…
Drug & Device Law
Preclusive Effects of Class Action Certification Denials
By Bexis
Just a quickie post about today's Supreme Court oral argument in Smith v. Bayer, a copy of the transcript here. This is the case where the, once the Baycol MDL…
Civil Procedure & Federal Courts Blog
Symposium Issue on the Future of Summary Judgment Now Available Online
By Civil Procedure & Federal Courts Blog
Available in print and at Akron Law Review is a symposium issue entitled, The Future of Summary Judgment. The issue includes the following articles prepared in conjunction with the 2010…
Wage & Hour - Developments & Highlights
Denial of Class Certification By Court Is Based On Need For Individual Assessment: The Key To The Defendant’s Success
A group of satellite television dish technicians suing for overtime under the Fair Labor Standards Act ("FLSA") have been denied class certification based on the court’s finding that there was not sufficient…
Class Action Countermeasures
Never Assume Sufficient Evidence – Botehlo v. Hawaii
By The Editors
With the growing trend of federal appellate courts enforcing district courts' "rigorous analysis" of class certification requirements, the danger of a class action getting certified on insufficient facts has diminished.…
Employment Class Action Blog
Supreme Court Accepts Certiorari In Dukes v. Wal-Mart
By Greg Mersol
We’ve already written twice now on the case of Dukes v. Wal-Mart Stores, 605 F.3d 571 (9th Cir. 2010), most recently to argue (August 27, 2010) that the Supreme Court…
Civil Procedure & Federal Courts Blog
Clermont on the Baycol Case
By Civil Procedure & Federal Courts Blog
Kevin Clermont (Cornell Law School) has posted Class Certification's Preclusive Effects to SSRN. Abstract: In September 2010, the Supreme Court granted certiorari in the controversial Baycol litigation. The central…
Drug & Device Law
The Dukes Cert. Grant – What It Is; What It Isn’t
By Bexis
The Supreme Court granted certiorari in the Dukes v. WalMart (now called WalMart v. Dukes) class action today. By blogging standards, that fact is probably old news. For example, here's a New…
Law and the Workplace
Wal-Mart Is Going To The Show
The Supreme Court, not surprisingly, granted Wal-Mart's petition for certiorari today, agreeing to review the 500,000-member class certification decision from the Ninth Circuit, which had held 6-5 that the class…