Class Certification

News & Analysis as of

Ninth Circuit Approves Statistical Sampling And Affirms Certification Of Overtime Class

The Ninth Circuit recently affirmed certification of a class of an estimated 800 current and former California-based Allstate Insurance Company adjusters who allege that Allstate has a practice or unofficial policy of...more

Texas District Court Denies Class Certification for Hedge Fund Investors on Numerosity and Predominance Grounds

In 2008, investors in the Parkcentral hedge fund lost as much as $3 billion dollars when Parkcentral’s investment in commercial mortgage-backed securities (“CMBS”) was devalued. The investors, limited partners of Parkcentral,...more

Minnesota District Court Rejects Nationwide Scope and Conditionally Certifies Class of One Chipotle Store

Employees win most motions for conditional certification under the FLSA, with many courts declining to perform a probing analysis at that stage. A recent case from the District of Minnesota, in which the court still applied a...more

Inside The Courts - September 2014 | Volume 6 | Issue 3

In This Issue: - CLASS CERTIFICATION: ..Goodman v. Genworth Fin. Wealth Mgmt. Inc., No. 09-CV-5603, 2014 WL 1452048 (JFB) (GRB) (E.D.N.Y. Apr. 15, 2014) - DEMAND FUTILITY: ..Rosenbloom v. Pyott,...more

Third Circuit Rejects Class Certification in Yet Another Consumer Case

Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged...more

Class Ascertainability Continues To Become More Concrete

In a recent unpublished decision, District Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey analyzed the ascertainability prong on a motion for class certification, applying the recent trilogy...more

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative...more

Despite Wal-Mart Stores v. Dukes, Ninth Circuit approves statistical sampling to prove that an “unofficial” common policy exists

There seem to be two prevailing conceptions of class actions. In one view, a class action is a way of determining many similar claims at once by evaluating common evidence that reliably establishes liability (and lays a...more

District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains

Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the...more

Fourth Circuit puts teeth into ascertainability, commonality, and predominance requirements for class certification

Sometimes it’s hard to know who’s in a class without substantial individualized inquiries. Can a court certify a class of persons with allegedly similar injuries by pigeonholing the question of class membership as a question...more

Lack of Ascertainability Sinks Another Weight Loss Class Action

In Karhu v. Vital Pharm., Inc., No. 13-60768-CIV (S.D. Fla. July 17, 2014), the Southern District of Florida denied a plaintiff’s request for reconsideration of the Court’s order denying class certification. In Karhu, the...more

Fourth Circuit Vacates Certification of Five Classes as "Manifestly Improper"

Plaintiffs, alleged owners of an interest in coalbed methane gas (“CBM”), brought five related putative class actions against defendants, CBM producers, for alleged failure to pay royalties and for a declaration that owners...more

Georgia-Pacific Consumer Products, LP v. Ratner et al.: Proving Commonality in Class Certification Cases Post-Wal-Mart v. Dukes

After the U.S. Supreme Court’s decision in Wal-Mart Stores Inc. v. Dukes, 131 S.Ct. 2541 (2011) — which heightened requirements for plaintiffs seeking class certification — at least two courts reviewing toxic-tort issues have...more

Apple the Subject of a Class Action Lawsuit About Break Periods

A California state court granted class action status to a case with claims alleging that Apple failed to give its employees sufficient breaks for meals and rests, occasionally disallowing breaks completely. Nearly 21,000...more

Court Denies Certification Citing Putative Class Representative’s Criminal History

In Dunford v. American Databank, LLC, the plaintiff alleged that the defendant violated the Fair Credit Reporting Act by including within her criminal background report charges that were more than seven years old. The...more

Court "Certifies" Gawker Media Interns' Collective Action

After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential...more

Corporate and Financial Weekly Digest - Volume IX, Issue 33

In this issue: - ISS Launches New Equity Plan Data Verification Portal - ISDA Publishes Protocol for 2014 Credit Derivatives Definitions - FinCEN Issues Advisories for US Financial Institutions -...more

Affirmative Defenses Must Be Addressed In Class Certification Order, According To Texas Court of Appeals

A recent decision of the Texas Court of Appeals in Austin (Third District) caught my eye. Not because it involved insurance; rather, it was a securities class action challenging a board of directors’ approval of a corporate...more

Manitoba Court of Appeal Confirms Test for Leave to Appeal Certification Decisions

In its recent decision in Meeking v Cash Store Inc. et al., 2014 MBCA 69, the Manitoba Court of Appeal reiterated the appropriate test which must be satisfied in order for leave to be granted to appeal the certification of a...more

Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the United States Supreme Court addressed two securities class action issues: 1. It affirmed the validity of the...more

Blast Fax Cases Now Harder to Certify

Blast fax cases filed under the Telephone Consumer Protection Act just became harder to certify in Minnesota. On August 5, 2014 U.S. District Court Judge David S. Doty, in the case Sandusky Wellness Center LLC v. Medtox...more

11th Circuit Opts For Flexibility over Predictability in Securities Fraud Class Actions

Securities fraud class actions tend to be battles that come to a head at the class certification stage. If the plaintiff group can certify a class, a large settlement often follows. If class certification fails, the case...more

California Federal Court Follows Third Circuit in Denying Class Certification Based on Lack of Receipts in Kitty Litter Case

Judge Conti of the Northern District of California recently issued a decision denying class certification in a consumer class action against The Clorox Company involving claims arising from the marketing and advertising of...more

California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification – Will Ninth Circuit Weigh In?...

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, Inc, No. C 12-01633 CRB, 2014 WL 2702726...more

Ninth Circuit Finds Self-Identification By Class Members Does Not Satisfy Ascertainability Under Rule 23

The Ninth Circuit Court of Appeals recently affirmed a district court’s denial of class certification where a plaintiff failed to propose a plan to ascertain class members and therefore did not satisfy the manageability...more

548 Results
|
View per page
Page: of 22