In a unanimous decision that will make it easier for plaintiffs in California state courts to obtain class certification, the California Supreme Court ruled that the ascertainability requirement for certification of class...more
Resolving a conflict in the courts of appeals, the U.S. Supreme Court unanimously ruled yesterday that after a denial of class certification, a putative class member may not file a successive class action beyond the...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
Addressing the often confusing issue of when class action tolling ends, in Collins v. Village of Palatine, the U.S. Court of Appeals for the Seventh Circuit announced the adoption of a simple and uniform rule: The...more
Deepening an already-existing circuit split, the Ninth Circuit has held that class certification is appropriate even if plaintiff has not shown that identifying class members is "administratively feasible." Expressly...more
The U.S. Supreme Court has held that statistical sampling may be proper in some contexts in its long-awaited decision in Tyson Foods, Inc. v. Bouaphakeo. The case involves the use of statistical sampling by plaintiffs in...more
3/25/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable...more
Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged...more
The intersection between law and economics was once again the focus of an important recent class action ruling by the U.S. Court of Appeals for the Seventh Circuit....more
The U.S. Court of Appeals for the Seventh Circuit last week reaffirmed its prior decision in favor of class certification in a breach of warranty case involving washing machines....more
A recent decision by the U.S. Court of Appeals for the Third Circuit reaffirmed the importance of requiring a plaintiff in a class action to show there is a reliable and administratively feasible method for ascertaining who...more