Topic
class certification
957 published works
Class Action Defense Blog
New York Federal Court Denies Class Certification Due To Rule 23(a)(4) Adequacy Requirement Based On Employer’s Strong Defense To Plaintiff’s Individual Claims
By Gerald L. Maatman, Jr., Katelynn Gray, and Gregory S. Slotnick Duane Morris Takeaways: Lack of adequacy of the named plaintiff in a class action can result in the denial…
Class Action Defense Blog
Illinois Federal Court Denies Class Certification In A Nationwide FCRA Lawsuit Due To Issues With Commonality, Adequacy Of Representation, And Predominance
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Emilee N. Crowther Duane Morris Takeaways: In Sgouros v. Transunion Corp., No. 1:14-CV-01850, 2023 WL 6690474 (N.D. Ill. Oct. 12, 2023),…
The CLS Blue Sky Blog
Sullivan & Cromwell Discusses Second Circuit Decision on Class Certification in Securities Fraud Cases
By Robert J. Giuffra Jr., David Rein, Jeffrey T. Scott, Benjamin R. Walker, Eric T. Andrews
On August 10, 2023, the Second Circuit handed down its highly anticipated decision in Arkansas Teacher Retirement System v. Goldman Sachs Group, Inc.[1] The court reversed the district court’s decision to…
Class Action Defense Blog
Experian Deftly Dodges Class Certification Via Innovative Summary Judgment Argument Under The Fair Credit Reporting Act
By Gerald L. Maatman, Jr., Zachary J. McCormack, and Emilee N. Crowther Duane Morris Takeaways: In Nelson v. Experian Information Solutions, Inc., No. 4:21-CV-894, 2023 WL 5284831 (N.D. Ala. Aug.…
Your ERISA Watch
Fifth Circuit Tackles Thorny Standing and Class Certification Issues in Action Alleging Misconduct by Fringe Benefit Group
Chavez v. Plan Benefit Servs., No. 22-50368, __ F. 4th __, 2023 WL 5160393 (5th Cir. Aug. 11, 2023) (Before Circuit Judges Wiener, Stewart, and Engelhardt) Judicial decisions in ERISA…
Class Action Defense Blog
New York Federal Court Denies Class Certification In ERISA Lawsuit Involving 8,000 Plans
By Gerald L. Maatman Jr., Jeffrey R. Zohn, and Jesse S. Stavis Duane Morris Takeaways: On June 27, 2023, Judge J. Paul Oetken of the U.S. District Court for the…
Class Defense Blog
D.C. Circuit rejects freestanding rule against “fail-safe” classes
By Kevin Ranlett, Archis A. Parasharami, Daniel Jones, Adam Hudes
The D.C. Circuit recently deepened a circuit split over whether district courts may certify a “fail-safe” class. In In re White, 64 F.4th 302 (D.C. Cir. 2023),the D.C. Circuit agreed…
Wage & Hour - Developments & Highlights
Sixth Circuit Joins Fifth Circuit In Looking Towards A New, Fairer Way To Determine Whether Conditional Certification Is Appropriate: A New Day Dawning!
I have blogged on this issue a number of times, i.e., that federal courts are starting to tilt away from the typical and very, very easy way that plaintiffs now…
Consumer Class Defense Counsel
Seventh Circuit Emphasizes “Rigorous Analysis” to Certify Class against University for Its Decision to Cancel Classes during the Pandemic
By Jonathan W. Garlough, Bryan T. Mette
In Eddlemon v. Bradley University, 65 F.4th 335 (7th Cir. 2023), the Seventh Circuit underscored that evidence, not allegations, control the court’s class certification analysis. At issue in Eddlemon were…
Inside Class Actions
Third Circuit Defends Ascertainability Requirement in Affirming Denial of Class Certification
The Third Circuit recently affirmed the denial of class certification to end-payor health plans that alleged that the defendant’s “pay-for-delay” settlement of patent infringement litigation inflated prices on a prescription…