Topic
class certification
957 published works
Class Action Countermeasures
Classic Cases – In re Hydrogen Peroxide
By The Editors
In re Hydrogen Peroxide was an antitrust class action. Hydrogen peroxide is a chemical that is often used a bleach for pulp and paper. In this case, the plaintiffs, all…
Drug & Device Law
Wellbutrin – Only Permanent Interests
By Bexis
Not too long ago we offered considerable criticism of certain aspects – specifically the treatment of Pennsylvania consumer fraud claims – in Sheet Metal Workers Local 441 Health & Welfare Plan…
Independent Contractor Misclassification & Compliance
Class Action Certification Granted in Misclassification Case: This Time Against a “Referral Agency for Independent Contractor Services”
By Richard Reibstein Esq. of Littler Mendelson P.C.
Last week, a federal district court judge assigned to an independent contractor misclassification case granted class certification to workers who were treated as independent contractors but allegedly were misclassified as…
Drug & Device Law
Darkness Falls Across The Land (Of New Jersey)
By will
Whenever the New Jersey Supreme Court gets its hands on a class certification decision, you never know what to expect. Sometimes, it’s great news (no class action for Vioxx TPPs!).…
Wage & Hour - Developments & Highlights
Class Certification Denied Due to Dissimilarity In Putative “Class.” The Way To Go!
In a FLSA collective action, a federal judge has denied conditional certification to a class of bus drivers and bus aides, who claimed overtime violations. The denial was founded on…
Class Action & Mass Torts
Eighth Circuit Denies Class Certification of UCL Cause of Action Despite Tobacco II’s Holding
By Paul Seeley
In Avritt v. Reliastar Life Ins., __ F.3d__ (8th Circ. 8-12-2010), the Eighth Circuit Court of Appeal affirmed an order denying class certification of a putative class of California annuity…
Delaware Corporate & Commercial Litigation Blog
Directorship 100
The September issue of Directorship, the magazine of the National Association of Corporate Directors, featured the 100 most influential people in corporate governance. Of course, one would expect to see the…
Class Action Countermeasures
What Makes a Common Question Common?
By The Editors
All too often, courts and class-action litigants take the question of commonality for granted. But, when framed properly, the question of commonality can provide a court with the tools necessary…
The Contingency
Seventh Circuit Aims to Void Fifth Circuit’s “License” to Make Class Certification Too Hard
The Seventh Circuit struck a blow last month for certifying securities fraud cases as class actions -- and against the Fifth Circuit's attempt, the panel believed, "to 'tighten the requirements'…
CAFA Law Blog
CAFA Is Eternal, Only If Class Action Is Properly Removed
Quiroz v. Mistras Group, Inc., No. CV 09-7146 PSG (SSX), 2010 WL 2079833 (C.D. Cal. May 21, 2010). While retaining the jurisdiction under CAFA after denial of class certification, the…