Topic
class certification
957 published works
Mass Tort Litigation Blog
Higher Class Certification Standards in the Second Circuit
By joetort
Yesterday's New York Law Journal had an article detailing the higher threshold for class certification in the Second Circuit. Among the Second Circuit cases profiled were the 2006 In re…
The Contingency
Rule 23(f) Strikes Again; Second Circuit Makes Class Cert Even Harder; Grubman Grins
Blawgletter likes to fuss about the heightening of hurdles, embiggening of traps, and sharpening of snares along the obstacle course that class litigation has become. So imagine our delight today…
Drug & Device Law
We’re Depressed: Johnson v. GlaxoSmithKline
By Bexis
At this blog, we root for the drug industry.Film at 11.So the California Court of Appeal's recent decision in Johnson v. GlaxoSmithKline, No. B199453, slip op. (Cal. Ct. App. Sept.…
TortsProf Blog
Weinstein Unseals Zyprexa Documents
The NYT piece is herehere. The vast bulk of the opinion relates to certification of a class for institutional payors and denial of a class for individual payors; only at…
Mass Tort Litigation Blog
Nagareda on Class Certification in the Age of Aggregate Proof
By joetort
Richard Nagareda has posted his article, Class Certification in the Age of Aggregate Proof, on SSRN. It will appear this spring in New York University Law Review. Here's the abstract:Few…
Mass Tort Litigation Blog
New Scholarship on Using a Cost-Benefit Analysis in Certification
By joetort
Patrick Luff, a student at Michigan, has posted his piece, "Bad Bargains: The Mistake of Allowing Cost-Benefit Analyses in Class Action Certification Decisions," on SSRN. Here's the abstract:The class action…
CAFA Law Blog
Numerousity Didn’t Kill the Cat (or CAFA lawsuit), But Individual Issues Did.
Pastor v. State Farm Mutual Automobile Ins. Co., 487 F.3d 1042 (7th Cir. 2007) Step 1: Break windshield. Step 2: Repair windshield. Step 3: File claim with insurer. Step 4: Sue insurer on behalf…
Mass Tort Litigation Blog
Ninth Circuit Overturns Sua Sponte Class Certification
By joetort
Last week the Ninth Circuit overturned a district court judge's sua sponte class certification in Bonlender v. American Honda Motor Co., Inc., 2008 WL 2873264 (9th Cir. July 22, 2008).…
Drug & Device Law
Do Bad Things Come In Threes? (Masquat v. DaimlerChrysler)
By Bexis
DaimlerChrysler lost the trifecta in Masquat v. DaimlerChrysler, __ P.3d __, 2008 WL 2600703 (Okla. July 1, 2008).Masquat isn't a drug or device case, but it's such a run of…
ImmigrationProf Blog
Class certification denied in “watch list” case
The 7th Circuit reversed class certification in case challenging the accuraacy of airport "watch lists." Click here for the link to the decision. ra