Evidence, Class Members

Ninth Circuit Reiterates That Individualized Defenses Matter When Deciding Class Certification

Robinson+Cole Class Actions Insider on 3/21/2023

A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more

Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class...

Robinson+Cole Class Actions Insider on 7/1/2022

I used to say that denials of class certification on numerosity grounds were rare and that usually it was futile to oppose class certification on that ground. That’s becoming less true as some circuits, including the Third...more

9th Circuit Provides Key Guidance for Defendants Opposing Rule 23(b)(3) Class Actions

Akin Gump Strauss Hauer & Feld LLP on 4/13/2022

Key Points - The en banc 9th Circuit clarified numerous rules applicable to class actions brought under Rule 23(b)(3) of the Federal Rules of Civil Procedure. The court’s watershed decision in Olean Wholesale Grocery v....more

Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

Robinson+Cole Class Actions Insider on 9/23/2021

On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class...more

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence Is...

Goodwin on 5/5/2021

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more

Evidence › Class Members

Ninth Circuit Reiterates That Individualized Defenses Matter When Deciding Class Certification

Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class...

9th Circuit Provides Key Guidance for Defendants Opposing Rule 23(b)(3) Class Actions

Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence Is...

Hearsay What? EDNY Finds That Class Certification Evidence Must Be Admissible

Beware of the “Influencer”

Representative Evidence May Or May Not Be Sufficient

Evidence › Class Members

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