Commonality Class Certification

News & Analysis as of

Stars Fail to Align for P&G, as Supreme Court Rejects Class Certification Appeal

Readers may recall our coverage in recent months of the challenge by Procter & Gamble (P&G) to an order certifying a multi-state consumer class in a case asserting that P&G falsely advertised its probiotic supplement Align....more

Court Denies Certification In Significant TCPA Case Based on Lack of Ascertainability of the Class and Commonality Issues Because...

Since our December 8, 2015 blog post regarding the scope of vicarious liability, courts have continued to wrestle with the scope of vicarious liability under the TCPA and its ramifications with respect to class certification....more

Lessons from the Supreme Court: Do Not Settle for Average, Keep Exceptional Time Records

As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing...more

Questions About Delivery Drivers’ Employee/Independent Contractor Status Preclude Commonality and Predominance Findings

A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation...more

Supreme Court Says Averages May be Used to Establish Classwide Liability

In its 2011 Dukes decision, the U.S. Supreme Court limited the circumstances under which groups of employees can maintain class action claims relating to their employment. In that case, the Court concluded that Wal-Mart...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

With Circuits Mis-Aligned, Sixth Circuit Stays Class Certification Pending Appeal

As our readers may remember, Procter & Gamble (“P&G”) stomached a loss last August when the Sixth Circuit affirmed certification of a false advertising class action regarding P&G’s Align probiotic supplement. But on October...more

Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit

An Illinois federal judge recently certified a class of consumers who allege that Sturm Foods and its parent company Treehouse Foods Inc. marketed their Grove Square Coffee pods for use in Keurig Inc. brewers—and designed...more

Three Quick Strategic Responses to Title III ADA Class Action Claims

Our firm is handling a growing tide of Title III of the Americans with Disabilities Act (ADA) claims. Public accommodations — which include retailers, mall owners and restaurants, are prohibited from discriminating against...more

Target Data Breach Class Certified: Data Breaches Potentially Fertile Ground for B2B Class Actions

Retail data breaches are multi-victim crimes, with the retailer, consumers and affected third parties all having legitimate claims to “victimhood” – and each left squabbling as the hacker vanishes into the digital ether....more

The Class Action Chronicle - Fall 2015

This is the ninth 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...more

Out of Align-ment: Sixth Circuit Affirms Class Certification in Probiotics Case

A recent Sixth Circuit decision that affirmed certification of a multi-state consumer class action asserting false advertising claims concerning Align – a Proctor & Gamble probiotic product promising digestive health benefits...more

California Federal District Court Certifies Class of 160,000 Uber Drivers

In O’Connor v. Uber Technologies, Inc. (Filed 09/01/2015, No. C-13-3826 EMC), the United States District Court, Northern District of California, certified a class of approximately 160,000 current and former drivers of Uber in...more

BC Supreme Court Dismisses Applications for Certification of Consumer Protection Claims in Five Class Actions Against...

On August 18, 2015, Madame Justice Adair of the B.C. Supreme Court refused to certify as class proceedings five separate actions against each of Air Canada, Deutsche Lufthansa Aktiengesellschaft, Delta Air Lines, Inc., United...more

Potential Privacy Breach Results in the Conditional Certification of a Class Action

On July 27, 2015, the Federal Court conditionally certified a class action with respect to an alleged privacy breach arising from the federal government’s administration of the Marihuana Medical Access Program (the Program)....more

Court Clarifies Conditions to Certify a Class Action for Damages under Section 36 of the Competition Act

On August 7, 2015, Justice R. LeBlanc of the Federal Court of Canada dismissed a motion to certify a class action in Murphy v. Amway Canada Corporation, clarifying the conditions a proposed class plaintiff must meet in order...more

Seventh Circuit Again Limits Application Of The Wal-Mart Ruling And Certifies Chicago Teachers’ Discrimination Claims

In Chicago Teachers Union, Local No. 1, American Federation of Teachers, AFL-CIO v. Bd. of Educ. of the City of Chicago, Case No. 14-2843 (7th Cir. Aug. 7, 2015), the U.S. Court of Appeals for the Seventh Circuit reversed a...more

We Thought It Might Be Getting Better … But Class Certification is Still On the Rise

The explosion of wage and hour class action litigation in the last 10 to 15 years or so has shined a spotlight not only on wage and hour practices themselves, but also on the critical question of whether an employer’s...more

The Sixth Circuit Expands American Pipe Tolling

On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in...more

Second Circuit Deals a Blow to Unpaid Intern Classes

In a pair of closely watched decisions, the Second Circuit Court of Appeals overturned a federal trial court decision that granted class and conditional collective action certification to claims brought by a former unpaid...more

Supreme Court Agrees to Review Another Donning/Doffing Case

The U.S. Supreme Court rejects the overwhelming majority of requests for review of lower court decisions. For some reason, the Court appears to have a soft spot for so-called “donning and doffing” cases. These cases involve...more

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

B.C. Court of Appeal Affirms Refusal to Certify Business Practices and Consumer Protection Act Claims

On June 3, 2015, in Marshall v. United Furniture Warehouse Limited Partnership (Marshall), the B.C. Court of Appeal dismissed the plaintiffs’ appeal from the application judge’s denial of certification of a proposed class...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

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

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