The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more
4/26/2019
/ Causation ,
Class Action ,
Class Certification ,
Contaminated Properties ,
Denial of Certiorari ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Groundwater ,
Injury-in-Fact ,
Predominance Requirement ,
Property Damage ,
SCOTUS ,
Strict Product Liability
The Court's decision reinforces the inflexibility of the Federal Rules' deadline to file petitions for permission to appeal and cautions against reliance on equitable principles, even where diligence and good cause may exist....more
3/7/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Decertification ,
Equitable Tolling ,
Federal Rules of Appellate Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
SCOTUS
In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more
6/27/2017
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Final Judgment ,
FRCP 23 ,
Interlocutory Appeals ,
Microsoft v Baker ,
Reversal ,
SCOTUS ,
Voluntary Dismissals