News & Analysis as of

Class Action › Federal Rules of Evidence

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Harris Beach PLLC

National Mass Torts: 2023 Year in Review

Harris Beach PLLC on

Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Robinson+Cole Class Actions Insider

Rules Enabling Act Key to New Ninth Circuit Decision on Class Certification

Robinson+Cole Class Actions Insider on

A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any...more

BakerHostetler

Third Circuit Reverses Certification of ADA Accommodations Class Based on Retail Store Access

BakerHostetler on

Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a protected group in a typical case involving race, gender or age, the...more

Robinson+Cole Class Actions Insider

Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class...

Robinson+Cole Class Actions Insider on

I used to say that denials of class certification on numerosity grounds were rare and that usually it was futile to oppose class certification on that ground. That’s becoming less true as some circuits, including the Third...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Parker Poe Adams & Bernstein LLP

Internet Job Postings Pose Legal Perils for Employers

Parker Poe Adams & Bernstein LLP on

Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Wilson Sonsini Goodrich & Rosati on

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

Bradley Arant Boult Cummings LLP

Must Class Counsel’s “Proof” that Rule 23 Is Met Satisfy the Rules of Evidence?

Bradley Arant Boult Cummings LLP on

All class-action practitioners understand the importance of a court’s decision to certify a class—the pivotal point at which a putative class action can transform into a reality, promising vast settlement pressure on the...more

Proskauer - Privacy & Cybersecurity

Class Actions and the Continued Significance of Arbitration Agreements

Proskauer - Privacy & Cybersecurity on

The recently released Carlton Fields 2016 Class Action Survey reports that class actions are up for the first time in four years. While data privacy class actions still make up a relatively small portion of class action...more

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