Takeaway: Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the ability of a class action plaintiff to win class certification can often rise or fall with the plaintiff’s ability...more
Kilpatrick Townsend’s class action defense specialists Nancy Stagg and Joe Reynolds recently presented a webinar addressing “Conjoint Surveys in Class Actions: What You Don’t Know CAN Hurt You.” They discussed how plaintiffs...more
Takeaway: In a false advertising case, one of the key issues for certifying a class is establishing that all putative class members were exposed to the same representations. Where there are no uniform channels through which...more
Takeaway: In Collins v. Village of Palatine, Ill., — F.3d —, 2017 WL 5490819, at *1 (7th Cir. November 16, 2017), the Seventh Circuit announced a “simple and uniform” rule for determining when a once-tolled statute of...more
A potent weapon for defending against class actions is the requirement that class members be “ascertainable.” Circuit courts phrase this requirement differently, but at bottom, it is two-fold: (1) the class must be...more