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
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