Class Representatives

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 5/23/2013

The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on...more

Disproportionately Favoring the Named Plaintiffs Kills Settlement, Says Sixth Circuit

by Sam Camardo | BakerHostetler on 3/5/2013

The Sixth Circuit recently limited defendants’ ability to craft settlements that disproportionately favor the class representatives. Vassalle v. Midland Funding LLC, — F.3d –, 2013 WL 673517 (6th Cir. Feb. 26, 2013). Though...more

Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois

by Raj Chohan | BakerHostetler on 2/26/2013

Class action defense practitioners routinely face uphill battles on the issue of individualized defenses for class members. However, these arguments should not be overlooked as tools to defeat class certification. Lipton v....more

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

by Rodger Eckelberry | Foley & Lardner LLP on 2/19/2013

In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians...more

Class Certification Denied In Recent Consumer Products False Advertising Cases

by Nicole Skolout | BakerHostetler on 2/14/2013

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions

by Laurent Badoux, Kathryn Siegel, Adam Wit | Littler on 2/12/2013

In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and...more

Seventh Circuit Allows Class Certification Despite Attorney Misconduct

by Eric Fish | BakerHostetler on 2/7/2013

Do you ever wonder how plaintiffs’ class action lawyers find their class representatives? And whether there is any possibility of defeating class certification if their efforts are sleazy or downright unethical?...more

Seventh Circuit Holds That Individualized Damages Preclude Certification

by Mark Batten | Proskauer - Class & Collective Actions on 2/7/2013

On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification...more

The Seventh Circuit Affirms That The District Court Bit Off More Than It Could Chew By Affirming Decertification In Collective...

by Jeffrey Vlasek | BakerHostetler on 2/7/2013

Hollywood certainly believes that it’s often easier to reach back into the well than to spend time creating something new. (See, e.g., any movie series that has more than one sequel.) Sometimes, we here at the Employment...more

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Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

Disproportionately Favoring the Named Plaintiffs Kills Settlement, Says Sixth Circuit

Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

Class Certification Denied In Recent Consumer Products False Advertising Cases

New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions

Seventh Circuit Allows Class Certification Despite Attorney Misconduct

Seventh Circuit Holds That Individualized Damages Preclude Certification

The Seventh Circuit Affirms That The District Court Bit Off More Than It Could Chew By Affirming Decertification In Collective...

7th Circuit Raises Bar For FLSA Collective Actions

Better Know a Plaintiff: A Lesson from the Skinnygirl Margarita Class Action Lawsuit

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

In re Celera Corp. S’holder Litig., No. 212, 2012 (Del. Dec. 27, 2012)

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