News & Analysis as of

Split of Authority Appeals Class Certification

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Mere Receipt of Plan Disclosures Does Not Provide 'Actual Knowledge' Under ERISA

Last Wednesday, a unanimous U.S. Supreme Court concluded that receipt of participant disclosures and notices does not constitute “actual knowledge” of fees, investment options, and other plan features. Actual knowledge is the...more

King & Spalding

D.C. Circuit Affirms Denial Of Class Certification Where Damages Model Showed That Some Class Members May Have Suffered No Injury

King & Spalding on

On August 16, the D.C. Circuit held in a high-profile antitrust MDL involving railroad shippers that the plaintiffs failed to satisfy Rule 23(b)(3)’s predominance requirement because their expert’s damages model calculated...more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Jackson Walker

Supreme Court Holds That American Pipe Tolling Does Not Apply to Successive Class Actions

Jackson Walker on

Justice Ginsburg delivered the opinion of the Court in China Agritech, Inc. v. Resh, No. 17-342, in which Chief Justice Roberts and Justices Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch joined. Justice Sotomayor filed...more

Foley & Lardner LLP

Taking the Pulse of Ascertainability in the Ninth Circuit after Briseno v. ConAgra Foods, Inc.

Foley & Lardner LLP on

Most federal courts have found that Rule 23 of the Federal Rules of Civil Procedure implicitly requires a showing that members of a proposed class are readily identifiable or “ascertainable” for a class to be certified. For...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

Perkins Coie

Aftermath of Briseno Decision Holding No “Administrative Feasibility” Required for Class Certification

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit handed down its (by now) hotly discussed decision in Briseno v. ConAgra Foods, Inc., 844 F.3d 1121 (9th Cir. 2017), on January 3, 2017, holding there is no separate...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Lowers Hurdle for Class Certification

On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more

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