Topic
class certification
957 published works
Civil Procedure & Federal Courts Blog
SCOTUS Grants Cert. in Dukes v. Wal-Mart Class Action
By Civil Procedure & Federal Courts Blog
The Supreme Court granted certiorari today in Wal-Mart Stores, Inc. v. Dukes (No. 10-277). Of the questions presented in the petition, it granted cert. only as to Question I:“Whether claims…
Employment Class Action Blog
Court Denies Rule 23(f) Appeal Despite Financial Concerns
By Greg Mersol
The climax in the typical class action case is the decision whether the class will be certified. Frequently, the magnitude of a potential loss, even if the actual risk is…
Mass Tort Litigation Blog
Clermont on Class Certification’s Preclusive Effects
By joetort
Kevin Clermont (Cornell) has posted a draft of his forthcoming PENNumbra piece, Class Certification's Preclusive Effects, on SSRN. Here's the abstract:In September 2010, the Supreme Court granted certiorari in the…
Life Sciences Legal Update
Federal Court Holds That Voluntary Refund Programs Can Defeat Class Certification Under Rule 23(b)(3)’s Superiority Requirement
By Lisa Baird
This post was written by James C. Martin and Colin E. Wrabley. Class action defense litigators should be aware of a recent federal district court decision that endorsed and accepted…
Business and Commercial
California Court of Appeal Continues the Trend of Limiting Tobacco II
By Anna McLean, Rachel Tarko Hudson
The California Court of Appeal for the Fourth Appellate District recently added to the growing jurisprudence interpreting the scope and effect of In re Tobacco II Cases (2009) 46 Cal.4th…
California Employment Law Update
Reporters Were Entitled To Judgment In Wage And Hour Class Action
By Tony Oncidi
Wang v. Chinese Daily News, 623 F.3d 743 (2010) Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards…
California Employment Law Update
Ahead of Brinker, Court of Appeal Holds Employers Need Only Provide Meal and Rest Breaks
While California employers continue to await a definitive ruling from the California Supreme Court, the California Court of Appeal this week issued a ruling determining that employers need only provide…
Class Action Countermeasures
The ClassActionBlawg Guide to Challenging Class Certification
By The Editors
Paul Karlsgodt over at ClassActionBlawg.com has an outstanding post up that outlines his thinking on when (and how) a defendant should challenge the certifiability of a class. He explicitly recognizes…
Class Action Countermeasures
Is the Motion to Strike Worth the Risk?
By The Editors
I've written before about the the growing defense tactic of filing early challenges to class certification. Last week, Law360 reporter Leigh Kamping-Carder reported on the trend. (Subscription required.) While she interviews a plaintiff's…
Green Building Law Update
Will the Gifford v. USGBC Class Action Lawsuit Be Certified?
I knew there was a reason I saved my law school text books. When I first heard of the class action lawsuit filed by Henry Gifford against the USGBC,…