News & Analysis as of

Individualized Damages Class Action

Bennett Jones LLP

Uncharted Territory: Individual Settlements in Certified Class Actions

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

Faegre Drinker Biddle & Reath LLP

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

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

Carlton Fields

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Robinson & Cole LLP

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

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

Patterson Belknap Webb & Tyler LLP

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

K&L Gates LLP

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

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

Littler

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

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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