Class Action 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

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

Southern District of California Rejects Coupon Class Settlement

The Southern District of California rejected a pre-certification class settlement because it provided for an inadequate coupon payment and a tenuous cy pres award, and included a clear sailing attorney fee provision....more

Spotify, NMPA Accused of a Concerted Effort to Taint the Class Pool

In a putative class action alleging widespread copyright infringement commenced in December 2015 against Spotify, Plaintiff, the lead singer for the bands Cracker and Camper Van Beethoven, recently moved pursuant to Federal...more

Balancing Transparency and Secrecy in Class Action Settlements

Companies have the right to protect their trade secrets against public disclosure, while class action members (and the judges who must determine the fairness and adequacy of proposed class action settlements) have the right...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

Global Corporate and Transactional Highlights - March 2016

The 2016 Global Corporate and Transactional Highlights Brochure showcases various deals from across our five-continent platform over the past year. In the ninth year of this annual distribution of deal highlights, the...more

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...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

Sample This! Tyson Employee Class Wins Significant but Narrow Supreme Court Victory

Tyson Foods lost its bid to overturn an almost $3 million class action judgment against it in a case brought by workers at an Iowa pork-processing factory who contended they did not receive overtime pay for time spent...more

Get to the Head of the Class Promptly: Class Representatives Must be Diligent when Defendants File for Bankruptcy

Plaintiffs in a lawsuit bear a substantial burden when seeking to be certified as a class under federal law. Where the defendant commences a bankruptcy proceeding, and the plaintiffs seek to file a proof of claim on behalf of...more

Sixth Circuit Refuses to Apply Stricter FLSA Collective Action Certification Standard

In concluding that the proper standard for certifying Fair Labor Standards Act (FLSA) collective actions is whether the plaintiffs are "similarly situated," the U.S. Court of Appeals for the Sixth Circuit ruled on March 2,...more

Justice Scalia’s Employment Law Legacy

On February 13, 2016, Justice Antonin Scalia, the anchor of the Court’s conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience in wide range of roles....more

BakerHostetler 2015 Year-End Review of Class Actions

The BakerHostetler 2015 Class Action Year-End Review offers a summary of some of the key developments in class-action litigation during the past year. The 2015 Year-End Review is a joint project of the firm’s Class Action...more

Justice Scalia’s Death Could Affect Outcomes in Class Action Cases

Government investigations and white collar litigation matters often lead to class action lawsuits by plaintiffs. The Subject to Inquiry Blog takes this opportunity to highlight the potential effects the death of the late...more

Scalia’s Death Leaves High Court in Limbo on Three Key Consumer Class Actions

While the sudden death of Supreme Court Justice Antonin Scalia creates an immediate vacancy on the bench, it also likely will leave the high court’s docket in limbo on number of key consumer class actions awaiting the Court’s...more

The Supreme Court Rules an Unaccepted Offer of Judgment Cannot Moot a Case, But What About Payment of Complete Relief?

A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case.  However, the Court left open the possibility...more

Step by Step: Stricter Requirements for Class Certification Inch Closer to Legislative Enactment

Just over 10 years after the passage of the federal Class Action Fairness Act (“CAFA”), Congress is again considering further legislative reform to class action litigation. Among other reforms, CAFA opened additional avenues...more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement

On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer...more

[Webinar] A Look Back on Class Action Litigation Developments in 2015 - January 26, 1:00pm CST

Join Stacey Slaughter and George Carroll for an informative overview on the developments in Class Action Litigation in 2015. Attendees will learn about the results of the most recent Supreme Court cases affecting class action...more

The Ten Most Significant Class Action Cases of 2015

Some years are exciting in class action practice; others are tamer. In general, in any established area of the law, precedent accumulates only incrementally. And, with the modern Rule 23 entering its 50th anniversary year, it...more

Tablet Class Damages Model Doesn’t Tabulate … For Now

The Central District of California denied certification of a class that otherwise met the requirements of Rule 23 because the damages model proposed by plaintiff’s expert did not establish a reliable method for calculating...more

What’s Hot in Class Actions (Part 3/3): Potential Rule 23 Amendments Narrowed, Congress Tackles No-Injury Class

Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...more

No "Duking" it Out Before the High Court as Justices Indicate Willingness to Let Wage and Hour Class Claims Stand

On Tuesday, I attended the Supreme Court's oral argument in Tyson Foods, Inc. v. Bouaphakeo. This case has been closely watched as employers have been hoping to see whether the Supreme Court would explicitly apply aWalmart v....more

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