Topic
class certification
957 published works
CAFA Law Blog
Once There’s CAFA, There’s Always CAFA: Seventh Circuit Says Jurisdiction Not Ousted By Lack of Class Certification
Cunningham Charter Corp. v. Learjet, Inc., __ F.3d __, 2010 WL 199627 (7th Cir. Jan. 22, 2010) We are honored again to bring you another guest column from one of…
Class Action Countermeasures
Fighting Fishing Expeditions, Part II: The Prima Facie Objection
By The Editors
Since I first wrote about fighting fishing expeditions, Google has sent a number of readers to the blog looking for “fishing expeditions discovery” or “deny class certification discovery abuse.” (It…
Drug & Device Law
There’ll Always Be Posner (again)
By Bexis
Last week's decision in Carr v. Tillery, 2010 WL 92487 (7th Cir. Jan. 12, 2010), was not, strictly speaking, a product liability case. But it involves some key players in…
Drug & Device Law
Baycol Class Action End Run Stuffed
By Bexis
This just in: The Eighth Circuit has affirmed the Baycol MDL judge's authority to enjoin the plaintiffs, after losing a class certification motion in the MDL, from running to a…
Class Action Countermeasures
The Pre-Certification Motion to Dismiss – Framing the Coming Debate
By The Editors
Often, when a defendant receives a class-action complaint, its first reaction is to see whether or not there are grounds to dismiss the action. (For defendants in federal court, that…
Class Action & Mass Torts
Tenth Circuit Reaffirms That a Case Terminates When the Class Representative’s Claims Become Moot Before Class Certification
In Clark v. State Farm Mutual Automobile Insurance Co., Nos. 07-1454, 07-1466, the Tenth Circuit affirmed a district court's order denying class certification because it lost jurisdiction when the representative…
Class Action & Mass Torts
Fourth District Court of Appeal Upholds Two Denials of Class Certification: Addresses In Re Tobacco Cases and Acknowledges Differences in Damages Can Defeat Certification
Two recent Fourth District Court of Appeal cases affirmed the denial of class certification. Kaldenbach v. Mutual of Omaha Life Insurance Co., 178 Cal.App.4th 830 (2009), was one of the first cases…
Class Action & Mass Torts
California Court of Appeal Affirms Denial of Class Certification Based On Presence of Individual Issues While Rejecting Plaintiff’s Argument Based on Tobacco II
In In re Vioxx Class Cases, (2009) __ Cal. App. 4th __, the trial court denied class certification after the defendant, Merck & Co., Inc. effectively showed that the plaintiff's…
Class Action Countermeasures
Beating Plaintiffs to the Punch: The Motion to Deny Certification
By The Editors
One of the peculiar frustrations of class-action defense is that one occasionally encounters a case that, while it might survive a motion to dismiss, could never be certified as a…
Banking, Finance and Securities
Third Circuit Affirms District Court Order Granting Class Certification In Section 11 Securities Case
In In re Constar Int’l, Inc. Securities Litigation, No. 08-2461, 2009 WL 3462032 (3d Cir. Oct. 29, 2009), the United States Court of Appeals for the Third Circuit affirmed an…