News & Analysis as of

Individualized Damages

Uncharted Territory: Individual Settlements in Certified Class Actions

by Bennett Jones LLP on

Despite the passage of more than 20 years since the enactment of Ontario’s Class Proceedings Act, 1992, there is limited jurisprudence on post-certification procedures. In his recent decision in Lundy v Via Rail Canada Inc,...more

Second Circuit Holds Individualized Damages, Standing Alone, Do Not Preclude Class Certification

by Faegre Baker Daniels on

Two years ago, in Comcast v. Behrend et.al, the Supreme Court caught the attention of employers facing class action lawsuits by holding that plaintiffs cannot “show Rule 23(b)(3) predominance” when “[q]uestions of individual...more

Circuit Court Holds Comcast Does Not Foreclose Certification of Labor Law Class With Individualized Damages

by Carlton Fields on

In a class action brought under the Fair Labor Standard Act and New York Labor Law, the Second Circuit court of appeals reversed the district court’s denial of class certification and held that the Supreme Court’s 2013...more

Second Circuit Finds Highly Individualized Damages Inquiry Won’t Spoil Rule 23 Class Wage Claims

Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015): The Second Circuit Court of Appeals recently vacated and remanded the U.S. District Court for the Northern District of New York’s decision denying class...more

Comcast, Superiority, Predominance and Injunctive Relief Addressed in Recent Second Circuit Class Certification Opinions

by Robinson & Cole LLP on

The Second Circuit recently addressed a panoply of class certification issues in two opinions. Both decisions ruled in favor of the plaintiffs, but will help defendants tailor their arguments in future cases....more

Second Circuit: Class Certification is Alive and Well in Employment Cases Involving Individualized Damages

On February 10, 2015, the United States Court of Appeals for the Second Circuit decided Roach v. T.L. Cannon Corporation, resolving the question of how the Supreme Court’s Comcast Corp. v. Behrend decision should be...more

Class Certification Trends in Consumer Data Breach Litigation—Individualized Damages Theories May Preclude Certification

by K&L Gates LLP on

In the last two years, there has been a proliferation of class action lawsuits filed in response to high-profile data breaches compromising the personally identifiable information of customers of various companies. Major...more

Ninth Circuit Holds that Employers Are Entitled to Individualized Damages and Affirmative Defense Determinations in Wage and Hour...

by Littler on

In Wang v. Chinese Daily News, Inc., 2013 U.S. App. LEXIS 4423 (9th Cir. Mar. 4, 2013), the U.S. Court of Appeals for the Ninth Circuit issued a decision that runs contrary to its prior endorsement of the use of inferential...more

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Cybersecurity

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