Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more
12/6/2024
/ Appeals ,
Breach of Warranty ,
Class Action ,
Class Certification ,
Consumer Protection Laws ,
Federal Rules of Civil Procedure ,
Fraud ,
IL Supreme Court ,
Interlocutory Appeals ,
Manufacturing Defects ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
A recent decision from the Eastern District of Wisconsin, Hans Kissle Inc v. Echo Lake Foods Inc, No. 24-CV-484-SCD, 2024 WL 4186678 (E.D. Wis. Sept. 13, 2024), provides a helpful discussion of exceptions to Wisconsin’s...more
Under Federal Rule of Civil Procedure 23(b)(3), a district court may certify a damages class if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only...more
The Seventh Circuit’s decision in Brickstructures, Inc. v. Coaster Dynamix, Inc., No. 19-2187 (March 11, 2020), highlights the challenges that a party faces when appealing a district court’s finding that it has waived the...more
The Wisconsin Supreme Court’s 2018-19 term began with arguments last month, and the first opinion of the term is expected tomorrow. Before we dive into this year’s term, we thought we would review the statistics of the...more
Federal district courts are supposed to grant leave to amend a complaint “freely … when justice so requires.” Fed. R. Civ. P. 15(a)(2). The Seventh Circuit has construed this directive to require, in most cases, that a...more
The rule of 28 U.S.C. § 1291 limits the appealability of district court orders to “final decisions.” Although an order resolving fewer than all claims of all parties is not a final decision for purposes of appeal, Rule 54(b),...more