On April 29, 2025, the Supreme Court heard argument on an issue that has divided the circuits: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the...more
Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more
12/6/2024
/ Appeals ,
Breach of Warranty ,
Class Action ,
Class Certification ,
Consumer Protection Laws ,
Federal Rules of Civil Procedure ,
Fraud ,
IL Supreme Court ,
Interlocutory Appeals ,
Manufacturing Defects ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Under Federal Rule of Civil Procedure 23(b)(3), a district court may certify a damages class if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only...more
The Second Circuit and Ninth Circuit recently issued opinions vacating class action settlements, with both courts taking issue with the attorneys’ fees awarded to class counsel. These decisions — Lowery v. Rhapsody Int’l,...more
In Nutraceutical Corporation v. Lambert, No. 17-1094, 586 U.S. __ (Feb. 26, 2019), the United States Supreme Court once again endorsed the old adage, “When you snooze, you lose”—at least sometimes. Under Federal Rule of Civil...more
The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more
4/26/2018
/ Amended Rules ,
Attorney's Fees ,
Class Action ,
Class Certification ,
Discovery ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
FRCP 23(b)(2) ,
Notice Requirements ,
Popular ,
Putative Class Actions ,
Settlement Agreements ,
State and Local Government
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class...more