A recent decision denying class certification in the Northern District of Illinois highlights the importance for class action defendants of challenging a named plaintiff’s damages expert as part of a strategy for opposing...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 United States Court of Appeals for the Eighth Circuit published two opinions last month in companion class actions alleging defects with off-road vehicles. With its decisions, the court held that purchaser plaintiffs must...more
Today, the United States Supreme Court granted a writ of certiorari in Trans Union LLC v. Ramirez. At issue is an eight-figure judgment obtained by a certified class of consumers for statutory and punitive damages based on...more
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result. Yesterday, the...more
In Nutraceutical Corporation v. Lambert, No. 17-1094, 586 U.S. __ (Feb. 26, 2019), the United States Supreme Court once again endorsed the old adage, “When you snooze, you lose”—at least sometimes. Under Federal Rule of Civil...more
The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more
4/26/2018
/ Amended Rules ,
Attorney's Fees ,
Class Action ,
Class Certification ,
Discovery ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
FRCP 23(b)(2) ,
Notice Requirements ,
Popular ,
Putative Class Actions ,
Settlement Agreements ,
State and Local Government
Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation[1] vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law...more
2/5/2018
/ Advertising ,
CAFA ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Environmental Protection Agency (EPA) ,
Erie Doctrine ,
FRCP 23(b)(3) ,
Hyundai ,
Kia ,
Predominance Requirement
A class action that aggregates the claims of individual plaintiffs against a common defendant can promote judicial economy and maximize efficiency. However, even the pursuit of class certification can promote abuse. In the...more
4/27/2017
/ Bifurcation ,
Class Action ,
Class Certification ,
Commonality ,
Deepwater Horizon ,
Dukes v Wal-Mart ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Limited Issue Class Actions ,
Predominance Requirement ,
Proposed Legislation ,
The Fairness in Class Action Litigation Act of 2015