SCOTUS, Class Certification | JD Supra Law News

U.S. Supreme Court Raises Standards For Class Certification

by Kenneth A. Manning | Phillips Lytle LLP on 5/17/2013

Class certification is the critical factor in many class actions. It occurs when a court authorizes a putative class representative, usually an individual or a small group, to represent a much larger class of people who have...more

Product Liability Update - April 2013

by Foley Hoag LLP on 4/23/2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

by Kimberly Ruppel | Dickinson Wright on 4/23/2013

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

The Hard Stop On ‘Adventurous Innovation’ In Class Action Litigation: The United States Supreme Court’s Decision In Comcast v....

by Livia Kiser, Michael Mallow | Loeb & Loeb LLP on 4/22/2013

Comcast v. Behrend is the latest opinion issued by the U.S. Supreme Court interpreting and applying the procedural rules governing class actions set out in Federal Rule Civil Procedure 23. In order to obtain certification of...more

Legal Alert: Supreme Court Lends Support To Strategy For Curtailing Wage And Hour Collective Actions

by Shane Munoz | FordHarrison on 4/18/2013

On April 16, 2013, the Supreme Court issued a decision that makes it easier for employers to limit the scope of wage and hour "collective actions." In Genesis Healthcare Corp. v. Symczyk (Apr. 16, 2013), the Court held that...more

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

by Jacklina Len | Proskauer - ERISA Practice Center on 4/16/2013

The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more

Business News Digest – April 2013

by Michael Baader, Jamie Barnett, Andrew Bigart, Amanda C. Blunt, Edward Boyle, Gregory Braker, Robert Burton, Emilio W. Cividanes, John F. Cooney, Krista Coons, Ashley Craig, Daniel Danello, more +Robert P. Davis, Paul Debolt, Douglas Emhoff, Lisa Jose Fales, Matthew R. Farley, Kathryn Floyd, Thomas Gilbertsen, Nancy Grunberg, Michael Hartmere, J. Scott Hommer, Stuart P. Ingis, Jay Johnson, Jonathan King, Mitchell Kolkin, George Kostolampros, Dismas Locaria, Elizabeth Lowe, Melissa McLaughlin, Lindsay B. Meyer, Parker B. Morrill, Jonathan L. Pompan, Hillary Profita, Matthew R. Rabinowitz, Megan Roberts-Satinsky, Anthony Rosso, Martin Saad, Sejal Shah, Raymond Shepherd, Eric R. Smith, Robert Smith, Margaret Strand, Joeann Walker, Ariel S. Wolf, Jason Wool, Brian Zimmet | Venable LLP on 4/15/2013

In this issue: - Finders May Pose Risk in Private Capital Raising - NIST Holds First Workshop on Executive Order Cybersecurity Framework - NIST Issues Request for Information, Begins Developing...more

Burr Alert: A Look At The Supreme Court’s Recent Decision In Standard Fire v. Knowles And The Trend Of Recent Victories For Class...

by John Michael Kearns | Burr & Forman on 4/15/2013

On March 19, 2013, the United States Supreme Court issued its decision in Standard Fire Ins. Co. v. Knowles, ____ S. Ct. ____, 2013 WL 1104735. Writing for the unanimous Court, Justice Stephen Breyer wrote that a...more

No April Fools: U.S. Supreme Court Suggests That the Lower Courts Stop Joking Around With Class Action Certification

by Rachel Reynolds | Sedgwick LLP on 4/12/2013

On April 1, 2013, the U.S. Supreme Court granted certiorari, and then summarily vacated, the Sixth Circuit Court of Appeals’ decision to certify a class composed of purchasers of Whirlpool washing machines (Whirlpool v....more

Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend [Video]

by LXBN on 4/11/2013

It’s been a big couple of weeks for class actions, both inside and out of the Supreme Court. Among those cases heard at by our nation’s highest court was Comcast Corp. v. Behrend, in which the justices reversed the...more

Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000

by Benjamin Blume, Gary Klinger | Cozen O'Connor on 4/11/2013

In Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act (CAFA) by “stipulating” he will not seek damages in excess of...more

Supreme Court Raises the Bar to Class Certification

by Thomas Goodwin, Richard Hernandez, William O'Shaughnessy, David Reif, Eric Watt Wiechmann | McCarter & English, LLP on 4/11/2013

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged...more

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

by Mira Serrill-Robins | Proskauer - California Employment Law on 4/10/2013

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....more

United States Supreme Court Extends Class Certification “Rigorous Analysis” to Damages Evidence

by E.K. Cottrell, Kristen Wenger | Fowler White Boggs P.A. on 4/10/2013

The Supreme Court recently applied its “rigorous analysis” standard to class-wide damages evidence and reversed class certification. See Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) (slip opinion). The “rigorous...more

Did You Know…A Sea Change In Class Action Certification

by Veronica Gray | Nossaman LLP on 4/9/2013

In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce...more

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

by Adam Dougherty | Winstead PC on 4/9/2013

In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___...more

Antitrust and Competition Newsletter - April 2013

by Orrick, Herrington & Sutcliffe LLP on 4/4/2013

In This Issue: - A Modern Look at The Nine Patent Licensing ‘No-Nos’ (Part Two): The Last Five ‘No-Nos’ *United States - Supreme Court Holds That Class Certification Under Rule 23(b)(3) Is Inappropriate...more

Class Action Plaintiffs Can't Avoid Federal Court By Stipulating To Damage Limits

by Mark Olthoff | Polsinelli on 4/4/2013

A unanimous Supreme Court has made clear that the Class Action Fairness Act (CAFA) cannot be undermined by a plaintiff's attempt to seek damages of less than the jurisdictional amount. The Court resolved a Circuit split and...more

Supreme Court Holds Damages Must be Measurable on a Classwide Basis for Class Certification

by Erik Hult | Littler on 4/4/2013

In a significant class action decision for employers, Comcast Corp. et al v. Behrend et al, No. 11-864 (March 27, 2013), the U.S. Supreme Court held that the ability to establish classwide damages is essential to a favorable...more

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 4/3/2013

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

Put up your Dukes! Supreme Court Clarifies that Damages Must be Capable of Class Wide Resolution in Rule 23(b)(3) Class Actions...

by Chris Brown, Byron Lau, Gary Siniscalco | Orrick - Global Employment Law Group on 4/3/2013

The United States Supreme Court’s recent ruling in Comcast Corp. v. Behrend, Case No. 11-864 (March 27, 2013) reinforces class certification requirements as spelled out in Wal-Mart v. Dukes. However, the closely divided court...more

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SCOTUS › Class Certification

U.S. Supreme Court Raises Standards For Class Certification

Product Liability Update - April 2013

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

The Hard Stop On ‘Adventurous Innovation’ In Class Action Litigation: The United States Supreme Court’s Decision In Comcast v....

Legal Alert: Supreme Court Lends Support To Strategy For Curtailing Wage And Hour Collective Actions

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

Business News Digest – April 2013

Burr Alert: A Look At The Supreme Court’s Recent Decision In Standard Fire v. Knowles And The Trend Of Recent Victories For Class...

No April Fools: U.S. Supreme Court Suggests That the Lower Courts Stop Joking Around With Class Action Certification

Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend [Video]

Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000

Supreme Court Raises the Bar to Class Certification

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

United States Supreme Court Extends Class Certification “Rigorous Analysis” to Damages Evidence

Did You Know…A Sea Change In Class Action Certification

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

Antitrust and Competition Newsletter - April 2013

Class Action Plaintiffs Can't Avoid Federal Court By Stipulating To Damage Limits

Supreme Court Holds Damages Must be Measurable on a Classwide Basis for Class Certification

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

Put up your Dukes! Supreme Court Clarifies that Damages Must be Capable of Class Wide Resolution in Rule 23(b)(3) Class Actions...

Class Action Alert: Recent Developments Favorable for Employers

Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Class

Comcast Corp. v. Behrend: Even More Than Meets the Eye?

Supreme Court Comcast Decision Makes Antitrust Class Action Certification More Difficult

Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend [Video]

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