News & Analysis as of

Class Action FRCP 23 Class Certification

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.
Robinson Bradshaw

Disappointments and Silver Linings in North Carolina Class-Action Law

Robinson Bradshaw on

Life has its disappointments. Sometimes, you think you’ve won a free car, but it turns out that you’ve won only a couple of dollars. And sometimes, you think that an appellate court will clarify a thorny issue of class-action...more

Robinson Bradshaw

Both Car and Class Totaled?

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One of the key issues at class certification is whether plaintiffs have met their burden to establish commonality and predominance: that “questions of law or fact common to class members predominate over any questions...more

Troutman Pepper

Speak for Yourself: Court Denies Class Certification in TCPA Case Based on Class Members’ Potentially Mixed Reactions to Ringless...

Troutman Pepper on

On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - November 2023

Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes - In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more

Ballard Spahr LLP

Eleventh Circuit rules consumers can recover statutory damages for willful FCRA violations without proving actual damages

Ballard Spahr LLP on

Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more

BakerHostetler

10th Circuit Reverses Class Certification in Claimed Off-the-Clock Case

BakerHostetler on

Court also holds that arbitrability questions must be resolved by the arbitrator - The 10th Circuit has decided two significant issues in an otherwise garden-variety off-the-clock case, one relating to arbitration and the...more

Polsinelli

There Is Such a Thing as Too Many Questions: Individualized Inquiries Doom Class Certification

Polsinelli on

A recent case from the Eastern District of California emphasizes the importance of employers having facially neutral and lawful wage-and-hour policies – as such policies can help in defeating class certification. In Tavares,...more

Kilpatrick

Recent developments in ascertainability, uninjured class members, and other class action issues in the second quarter of 2023

Kilpatrick on

Several appellate decisions addressed the “implicit” class action requirement of ascertainability during the second quarter of 2023, with the Third, Tenth and D.C. Circuits weighing in. Meanwhile, the Fifth Circuit maintained...more

Kilpatrick

Sixth Circuit solidifies circuit split by rejecting “juridical link” exception to class action standing

Kilpatrick on

Takeaway: Federal Rule 23 authorizes representative litigation in the form of class actions that satisfy its various requirements. The policy underlying the rule is efficiency. For example, the numerosity element (Rule...more

McGuireWoods LLP

Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis

McGuireWoods LLP on

In conjunction with the G7 Summit in Japan, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) introduced additional economic sanctions on May 19, 2023, with the aim of further limiting the...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published April 2023

Fail-Safe Class Definition. The District of Columbia Circuit reversed a district court’s denial of a class action on the grounds the plaintiffs had proposed an impermissible “fail safe” class—i.e., a class definition for...more

Robinson Bradshaw

Fail-Safe Classes Are Fundamental

Robinson Bradshaw on

Last month, the D.C. Circuit deepened a circuit split on the issue of fail-safe classes. The decision, In re White, 64 F.4th 302 (D.C. Cir. 2023), rejected a categorical rule against all fail-safe classes in favor of a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Individualized Issues And Secret Proceedings

This week, the Court addresses when individualized issues may preclude class certification, and considers the public’s right of access to court proceedings seeking third-party assistance with criminal investigations. The...more

Robinson Bradshaw

Kelly v. RealPage Inc.: The Third Circuit Lowers the “Heightened Standard” for Ascertainability

Robinson Bradshaw on

Rule 23 does not explicitly require that a court be able to determine who the members are before certifying a class. But judges have found implicit in the Rule a requirement that membership in a defined class be...more

Robinson Bradshaw

The Dangers of Watering Down Class-Certification Standards in Fraud Cases

Robinson Bradshaw on

Class actions have long been difficult to certify in fraud cases.  But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm.  That decision is now on...more

McGuireWoods LLP

Seventh Circuit Strikes Down Stealth Class Actions

McGuireWoods LLP on

In Ali v. City of Chicago, —F.4th—, 2022 WL 1548176 (May 17, 2022), the Seventh Circuit Court of Appeals recently struck down one litigant’s attempt to employ a “stealth” class action....more

Akin Gump Strauss Hauer & Feld LLP

9th Circ. Decision Sets New Framework For Class Certification

The en banc U.S. Court of Appeals for the Ninth Circuit's recent watershed decision in Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC established several significant benchmarks for determining class...more

Pierce Atwood LLP

Is It Time to Update Mass. R. Civ. P. 23?

Pierce Atwood LLP on

Over the past 25 years, I have had the good fortune of getting to know and working with both plaintiff and defendant class action lawyers from many states, and to teach class action practice in dozens of local and national...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Class Questions

This week, the Ninth Circuit digs into class certification standards for Title IX cases. A.B. AND A.M.B. V. HAWAII STATE DEPARTMENT OF EDUCATION - The Court holds that a putative class action by female student...more

Kilpatrick

Ninth Circuit: proof of injury is a merits issue that can doom class treatment

Kilpatrick on

Takeaway: When a district court certifies a damages class action, it often cites the long line of cases holding that, because damages for each class member can be determined after a class action trial on liability,...more

Proskauer - Proskauer For Good

Class Certification Secured for Visually Impaired Chicagoans

Earlier this month, Proskauer – along with co-counsel Disability Rights Advocates (“DRA”), a nationwide nonprofit disability rights legal center – obtained class certification in an important litigation in the U.S. District...more

Troutman Pepper

California Federal Judge Rejects Fourth Attempt at Settlement Approval in Five Guys Class Action

Troutman Pepper on

On January 24, the U.S. District Court for the Eastern District of California took the unusual step of declining to sign off — for the fourth time — on a proposed settlement, resulting from a putative class-action lawsuit...more

McGuireWoods LLP

Northern District of Ohio Holds Expert Evidence Must Be Admissible to Be Considered at Class Certification

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As we touched on last summer, whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled question. This question is particularly...more

Faegre Drinker Biddle & Reath LLP

Eastern District of Virginia Denies Motion to Certify Class, Sheds Light on Rule 23(b)(3) Predominance and Superiority...

The U.S. District Court for the Eastern District of Virginia analyzed Federal Rule of Civil Procedure 23(b)(3)’s predominance and superiority requirements for class actions in a recent decision denying a motion to certify a...more

Lowenstein Sandler LLP

Third Circuit Clarifies Standards for Issue-Class Certification under FRCP 23(c)(4)

Lowenstein Sandler LLP on

In a recent published decision, the United States Court of Appeals for the Third Circuit clarified the standards that district courts must apply when certifying discrete issues–rather than an entire action–for classwide...more

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