Topic
class certification
957 published works
CAFA Law Blog
Around the Bogosphere: District Courts May Need to Conduct Full Daubert Inquiry Before Class Certification Decision
In keeping with the CAFA Law Blog's commitment to poke around the blogosphere and bring you readers items of interest to the Class Action practitioner, here's an interesting post from the Mass…
Blog of Reason
What is Superiority?
Consumer protection and antitrust attorneys seeking to prevent class certifications have three powerful, but underused, defenses upon which they can rely: a completed, a pending, or an anticipated government investigation…
TortsProf Blog
Erichson & Zipursky on Mass Torts
Howard Erichson (Fordham/Mass Tort Profs) and Benjamin Zipursky (Fordham) have posted to SSRN Consent Versus Closure. The abstract provides:Claimants, defendants, courts, and counsel are understandably frustrated by the difficulty of…
California Employment Law Update
Class Representative’s Settlement And Dismissal Of His Own Claims Did Not Bar His Appeal On Behalf Of The Class
By Tony Oncidi
Narouz v. Charter Communications, LLC, 591 F.3d 1261 (9th Cir. 2010) Hani Narouz filed a complaint against Charter Communications in which he alleged causes of action for wrongful termination in…
The Jefferson Court Blog
Another Class Action Dismantled by Texas Supreme Court
By wolfgangp-hirczydemioph-d-politicalsciencetexas-o
CERTIFIED CLASS IN ACTION SEEKING REMEDY FOR OVERCHARGES FOR TELEPHONE SERVICE UNDONESWBT Co. v. Marketing on Hold, Inc,. No. 05-0748 (Tex. Feb. 19, 2010)(Majority opinion by Wainwright) (class action, class…
The Contingency
Texas Supremes Deem Assignee Inadequate Class Representative
The Supreme Court of Texas voted 5-3 today to decertify a class action. The class representative, a company that audits telephone bills and seeks refunds for customers, alleged on behalf of…
The Contingency
Fifth Circuit Persists in Call for Proving Case as Price for Class Treatment
Blawgletter thinks we don't go over the line when we say the Fifth Circuit deserves its rep as the court of appeals least likely to abide a class action. Fresh…
Food Liability Law
One Lesson From Fitzpatrick v. General Mills: Class Cert. Tough To Oppose In Consumer Fraud Cases When Plaintiffs Don’t Have To Demonstrate Individualized Reliance/Causation
By Kenneth Odza
Last month Judge Paul Huck of the U.S. District Court for the Southern District of Florida granted in part and denied in part class certification on claims brought in Fitzpatrick v.…
Class Action Countermeasures
Arguments about Merits Inquiries: Vulnerable Monopolists
By The Editors
Are courts making class certification too easy for defendants to oppose? San Francisco law professor Joshua P. Davis (this one, not this one) and Berger & Montague shareholder Eric Cramer…
Class Action Countermeasures
Making an Effective Typicality Argument
By The Editors
interrogatories typicality "request for admission"