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Supreme Court grants certiorari to address circuit split regarding uninjured class members

Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more

Motions to strike class allegations: Ninth Circuit vacates order striking class allegations, ruling class discovery must go...

Takeaway: In a prior post, we reported on a Central District of California decision granting an early motion to strike class allegations. Don’t miss the chance to strike out class actions (Feb. 27, 2019). But on appeal,...more

SCOTUS declines to review Sixth Circuit decision affirming class issue certification

Federal Rule 23(c)(4) allows class certification of “particular issues.” The question of “issue” certification has divided the Courts of Appeals, with some courts taking a “narrow” view that issues cannot be certified unless...more

Don't miss the chance to strike out class actions

Takeaway: Many courts instinctively have a negative view of motions to strike. For decades courts have referred to such motions – at least when directed to individual allegations under Rule 12(f) – as “disfavored,” a...more

Gorsuch On Rule 23 And CAFA

President Trump has nominated Tenth Circuit Judge Neil M. Gorsuch to replace Justice Antonin Scalia on the United States Supreme Court, and we expect that his nomination will eventually be confirmed. Since 2006, Judge Gorsuch...more

2/13/2017  /  CAFA , Class Action , FRCP 23 , Neil Gorsuch
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