Class Action Class Certification Rule 23

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.
News & Analysis as of

Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

In a Groundbreaking Decision, Third Circuit Provides Framework for Evaluating Numerosity

One of the least disputed elements of class certification is Rule 23(a)(1) numerosity, and so there is relatively little analysis from the courts about it. Last month, however, a divided panel of the Third Circuit provided a...more

District Court Adopts “Weak” Test of Ascertainability, Certifies Class of Corn Producers in Suit Against Syngenta over...

A District Court in Kansas added to an increasing debate in the federal courts over class ascertainability when it certified a class of 440,000 U.S. corn producers in a suit against Swiss global agribusiness Syngenta AG...more

Federal Rules Advisory Committee Proposes Amendments to Rule Governing Class Actions in Federal Court

Since 2011, a Subcommittee of the Federal Rules Advisory Committee has been mulling changes to Rule 23 of the Federal Rules of Civil Procedure. On April 14, 2016, the Advisory Committee forwarded proposed changes to the...more

UnitedHealth Plan Holders Win Class Certification in ERISA Lawsuit

The District Court for the Northern District of California recently granted certain members of UnitedHealth health plans class certification in their suit alleging improper denial of benefits. Plaintiffs in the putative...more

Week in Review: How Excluding the Plaintiff’s Expert Can Position You Perfectly to Defend a Rule 23(f) Appeal and More

This week we take a look at how a trial court’s evidentiary rulings can foreclose pathways to appealing a ruling on certification down the line, as well as a Hail Mary appeal by a group of Super Bowl ticketholders that fell...more

Third Circuit says sunk discovery costs not a proper factor in class certification analysis

It is not every day that antitrust plaintiff classes fail to win certification due to lack of numerosity under Federal Rule of Civil Procedure 23(a)(1). Yet this week, absence of numerosity was the reason a Third Circuit...more

Third Circuit Decertifies Class on Numerosity Grounds, Listing Relevant Factors for the First Time

The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit. On September 13, a divided panel of the U.S. Court of Appeals for...more

Third Circuit Sets Framework for Numerosity Requirement

Yesterday, in In re Modafinil Antitrust Litig., 3d Cir. No. 15-3475 the Third Circuit provided a framework for analyzing the oft-overlooked numerosity requirement of Rule 23(a)(1).. The court’s decision both clarified and...more

Class Action Settlements at the Heart of Proposed Amendments to Federal Rule of Civil Procedure 23

Federal class action jurisprudence has been evolving rapidly over the course of the last 5-6 years, with several major U.S. Supreme Court decisions defining and redefining many aspects of class litigation. With the first...more

Should MDL Judges Act More Like Class Action Judges?

Class actions are not the only form of aggregate litigation. Multi-district litigation (“MDL”), the process by which large numbers of smaller lawsuits are consolidated before a single judge for pretrial purposes, without...more

The Issues with Issue Certification

Rule 23(c)(4) has been been placed under a microscope in the past few years, largely because of the judicial response to the Supreme Court’s Comcast Corp. v. Behrend opinion, and the Rules Advisory Committee’s subsequent...more

“Placeholder” Motions to Certify are Unnecessary after Campbell-Ewald According to South Carolina District Court

Relying on the Supreme Court’s 2016 opinion in Campbell-Ewald, the United States District Court for the District of South Carolina ruled that a class action plaintiff need not file a “placeholder” motion to certify to avoid a...more

Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial

The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification as a defense strategy. The decision confirms that plaintiffs’ burden to...more

Second Circuit Rules That Judges Can Decertify a Class After a Jury Verdict

The Second Circuit recently held that under Federal Rule of Civil Procedure 23, a district court judge can decertify a class after a jury verdict in favor of the class but before entering judgment, upholding a Southern...more

Second Circuit Holds Class Can Be Decertified After Jury Verdict

A class certification ruling is always subject to challenge if the class representative does not prove the necessary elements of class certification. On July 15, the U.S. Court of Appeals for the Second Circuit held...more

"The Class Action Chronicle - Summer 2016"

This is the 12th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

The Seventh Circuit Empowers Litigants to Revisit Class Definitions

Class actions, and Rule 23 of the Federal Rules of Civil Procedure, have long been rife with controversy. It’s safe to assume that the Seventh Circuit’s decision last week in Fonder v. Sheriff of Kankakee Cnty., No. 15-2905...more

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

Spokeo, Inc. v. Robins: What Does It Mean for TCPA Lawsuits?

As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more

Commonality and Cohesiveness Lacking for Class Contamination Claims

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit, in Ebert, et al., v. General Mills, Inc., reversed the federal district court’s decision to grant class certification in an environmental contamination...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

New York District Court Grants Summary Judgment for Employer in Gawker Intern Case

Litigation Over Interns Dries Up Internship Opportunities - The natural and probable consequence of litigation over unpaid internships was that such opportunities would disappear because the risk of litigation for even...more

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

129 Results
|
View per page
Page: of 6
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×