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Supreme Court of the United States › Predominance Requirement

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Carr Maloney P.C.

SCOTUS Deepens Circuit Split on Predominance Standard

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The United States Supreme Court declined Visa and Mastercard’s petition for certiorari on Monday, thereby deepening a split between the circuit courts regarding the predominance standard for class certification. The National...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – January 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts

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Welcome to the inaugural edition of Classified Monthly: A Roundup of Class Action Decisions from Federal Appellate Courts.   The Roundup normally will arrive in your inbox the first week of each month and will cover the...more

King & Spalding

Southern District of New York Certifies Class in Case Alleging that KIND Bars Were Deceptively Marketed as “All Natural”

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On March 24, 2021, Judge William H. Pauley III of the U.S. District Court for the Southern District of New York granted in part and denied in part the Plaintiffs’ motion for certification of three statewide classes of...more

King & Spalding

Ninth Circuit Holds That Statistical or “Representative” Evidence Can Establish Predominance, But Vacates Order Certifying Class...

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On April 6, 2021, the Ninth Circuit for the first time addressed a plaintiff’s burden to show predominance at the class certification stage. In Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the court joined the...more

Foley & Lardner LLP

Sixth Circuit Holds Non-Expert Evidence Need Not Be Admissible to Support Class Certification, but Approves Stringent Claim...

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At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161 (1982),...more

Foley & Lardner LLP

Of Tuna Price-Fixing Conspiracies, Econometric Regressions, and the Ninth Circuit’s Latest Guidance on Class Certification

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Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna...more

King & Spalding

District Court Rescinds Order Decertifying Class After Ninth Circuit Reversal—Despite the Supreme Court’s Determination that...

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On January 8, 2020, the U.S. District Court for the Central District of California reinstated its June 2014 class certification order, holding that the named plaintiff’s full refund damages model was consistent with his...more

Jones Day

SCOTUS Declines to Review Ruling in Toxic Tort Case

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The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more

Patterson Belknap Webb & Tyler LLP

Circuit Split on Certification: How far can evidence of price-fixing carry antitrust plaintiffs?

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Manufacturers of containerboard and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1...more

Goodwin

Supreme Court Stops Short of Bright-Line Rule Regarding Statistical Evidence in Class Actions

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On March 22, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo. For those unfamiliar with the case, Tyson Foods is a Fair Labor Standards Act (FLSA) case that involved an alleged failure to pay...more

Moore & Van Allen PLLC

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

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Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

Eversheds Sutherland (US) LLP

Tyson Foods v. Bouaphakeo: “Representative” Evidence May Be Used in (Some) Class Actions

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On March 22, 2016, the United States Supreme Court affirmed the certification of a class of Tyson Foods employees under Rule 23(b)(3) and a collective action under the Fair Labor Standards Act (FLSA). The Court held that...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Insights Conversations: Securities Litigation"

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From the impacts of U.S. Supreme Court Omnicare and Halliburton cases to the uptick in Securities Act class actions, litigation partners Scott Musoff and Susan Saltzstein discuss the latest securities litigation developments....more

Sheppard Mullin Richter & Hampton LLP

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Sheppard Mullin Richter & Hampton LLP on

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

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This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Robinson+Cole Class Actions Insider

Predominance Is Lacking Where Some Class Members Have No Injury, Says the Ohio Supreme Court

Robinson+Cole Class Actions Insider on

The U.S. Supreme Court is poised to decide next Term, in Tyson Foods, Inc. v. Bouaphakeo, whether a class can be certified when many class members lack injury (see my June 16 post for more on that). The Ohio Supreme Court...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

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In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Moore & Van Allen PLLC

U.S. Supreme Court Will Not Address Certification Issues Raised by Whirlpool & Related Washing Machine Class Actions

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On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Mass Tort and Consumer Class Action Outlook: A Mixed Landscape for Defendants in 2014"

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Recent decisions by the U.S. Supreme Court have improved the landscape for defendants seeking to fend off mass tort and consumer class actions. In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court tightened...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2014

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This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

Moore & Van Allen PLLC

A Look at Class Certification through the Lens of In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation:...

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Several opinions issued by the U.S. Supreme Court during the past few years have made it more difficult for plaintiffs to obtain class certification. Despite the hurdles erected by the Supreme Court’s recent opinion in...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Vacates Another No-Injury Washing Machine Class Action"

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Earlier today, the U.S. Supreme Court summarily vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir. 2012), for further consideration in...more

Carlton Fields

Amgen Inc. v. Connecticut Retirement Plans And Trust Funds: Does Supreme Court Put “Cart Before The Horse” To Satisfy Predominance...

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To best understand this decision, we need to look at the rules concerning both class actions and securities: - According to Rule 23(b)(3), a class action may be maintained if the court finds that questions of law or...more

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