Topic
class certification
957 published works
Wage & Hour - Developments & Highlights
Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows
A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a FLSA collective action seeking overtime, was not able to prove that he was…
Drug & Device Law
Latest Class Action Decision Shows That The Battles Were Important
By Bexis
We aren’t the first to note the latest class action denial in the prescription medical product liability field, In re Panacryl Sutures Products Liability Cases, No. 5:08-MD-1959-BO, slip op. (E.D.N.C.…
The Contingency
Supremes Debate Fees for Superb Work
Blawgletter has fussed before about judicial noticing of facts on the basis of wishful thinking. Our prime targets have included the idea that class certification exerts "hydraulic pressure" for settlement and…
Drug & Device Law
Muddled testimony precludes class action
By Bexis
Although past history demonstrates the increasing futility of class action certification in pharmaceutical/medical device product liability litigation, the other side still plugs away, most likely for reasons we've discussed here.…
Mass Tort Litigation Blog
A “Good Faith” Standard for Reviewing Class Certification?
By joetort
Eran Taussig (SJD, UPenn) has posted an article comparing the Israeli and American class action rules, and arguing in favor of the Israeli "good faith" standard. The article is called…
CAFA Law Blog
If You Love Something, Let It Go. If It Comes Back to You, It’s Yours Forever. If It Doesn’t, Then It Was Never Meant to Be – Anonymous (Actually some guy whose girlfriend left him for another guy).
Avritt v. Reliastar Life Ins. Co., 2009 WL 1703224 (D. Minn. June 18, 2009) Alas, jurisdiction under CAFA was never meant to be for the defendant. In this case, the plaintiffs’…
Mass Tort Litigation Blog
Second Trial-Court Denial of NJ Vioxx Class
By joetort
Analysis of Judge Higbee's opinion at Drug & Device Law. Here's the opinion.BGS
Drug & Device Law
Jersey Barrier Still Stands
By Bexis
New Jersey Vioxx plaintiffs weren't going to let a little thing like losing in the New Jersey Supreme Court keep them from trying to certify their nationwide consumer fraud class…
CAFA Law Blog
When You Come to a Fork in the Road, Take It. Northern District of Illinois Muddies the Post-Denial of Class Certification CAFA Jurisdictional Waters.
Muehlbauer v. General Motors Corp., Slip Copy, 2009 WL 874511 (N.D.Ill., Mar 31, 2009)(NO. 05 C 2676) The Northern District of Illinois has reached the end of its rope. It…
North Carolina Business Litigation Report
Clark v. Alan Vester Group, Inc., July 17, 2009 (Jolly)(unpublished)
The Court determined that it could rule on a dispositive motion in a putative class action before ruling on class certification. It held "in appropriate cases it is neither unusual…