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Class Action Decisions Published June 2023

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include...more

Class Action Decisions Published May 2023

Ascertainability. The Tenth Circuit affirmed it treated ascertainability as a sub-requirement of numerosity, not a standalone criteria. The Tenth Circuit affirmed the denial of certification of a class of college students who...more

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

Class Action Decisions Published March 2023

Immigration - Judge Wright of the Central District of California certified a class alleging that U.S. Immigration and Customs Enforcement officers violated the Fourth Amendment’s prohibition on unreasonable searches and...more

Class Action Decisions Published February 2023

Arbitration. The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more

Class Action Decisions Published January 2023

Highlights from this issue include: Class Action Fairness Act. The jurisdiction of the Class Action Fairness Act does not apply when “the primary defendants are States, State officials, or other governmental entities...more

Class Action Decisions Published December 2022

Highlights from this issue include: Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in...more

Plaintiffs’ Bar Sets Sights on Website Experience Technology

Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The...more

COVID-19 Client Primer | Tuition Refund Class Actions

ANALYSIS - Strategies to Defend Tuition Refund Class Actions - The recent spate of class actions seeking refunds for tuition and other fees paid for in spring 2020 likely heralds an even greater deluge in the coming...more

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