R. Trent Taylor on Class Certification

Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis

In conjunction with the G7 Summit in Japan, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) introduced additional economic sanctions on May 19, 2023, with the aim of further limiting the...more

5/31/2023 / Class Action , Class Certification , FRCP 23 , Standing

Ninth Circuit Vacates District Court’s Order of Class Certification

On March 13, 2023, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s order of class certification in Van v. LLR, Inc. under Rule 23(f)....more

3/24/2023 / Class Action , Class Certification , FRCP 23(f) , Sales Tax

U.S. Court of Appeals’ Continued Skepticism Over Putative Class Member Motions to Intervene

On October 7, 2022, the U.S. Court of Appeals for the Fifth Circuit denied a purported class representative’s attempt to intervene in a class action. The class representative had argued that his interests were not adequately...more

11/2/2022 / Class Action , Class Certification , Class Members , Employee Retirement Income Security Act (ERISA) , Putative Class Actions

Fifth Circuit Sua Sponte Vacates Class-Certification Order for Lack of Standing

On August 15, 2022, the U.S. Court of Appeals for the Fifth Circuit vacated a class-certification order on a Rule 23(f) appeal after sua sponte holding that the named plaintiff had no standing to sue. The case is yet another...more

8/23/2022 / Class Action , Class Certification , Injury-in-Fact , TransUnion LLC v Ramirez

Sixth Circuit Addresses Pre-Certification and Post-Certification Engagement of Potential Class Members in Class Actions

Appellee Thomas Fox and others failed to pay their delinquent property taxes in certain Michigan counties and had their property foreclosed on and sold. However, the counties kept all of the sale proceeds and not just the...more

6/29/2022 / Class Action , Class Certification , Class Members , Corporate Counsel

Seventh Circuit Strikes Down Stealth Class Actions

In Ali v. City of Chicago, —F.4th—, 2022 WL 1548176 (May 17, 2022), the Seventh Circuit Court of Appeals recently struck down one litigant’s attempt to employ a “stealth” class action....more

6/3/2022 / Class Action , Class Certification , Corporate Counsel , FRCP 23

Re-Evaluating Bifurcated Discovery in Class Actions After a Recent Seventh Circuit Decision

A new Seventh Circuit decision – Santiago v. City of Chicago – bolsters the strategy among some class action defense lawyers to not bifurcate class certification and merits discovery. This strategy instead contemplates that...more

12/29/2021 / Bifurcation , Class Action , Class Certification , Corporate Counsel , Discovery

Sixth Circuit Holds Class Certification Evidence Does Not Have to be Admissible

The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence to support...more

4/1/2021 / Admissible Evidence , Class Action , Class Certification , Corporate Counsel , Evidence

Eleventh Circuit Deepens Circuit Split on Administrative Feasibility

Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with the First, Third,...more

2/8/2021 / Administrative Feasibility , Ascertainable Class , Class Action , Class Certification , FRCP 23 , Split of Authority

Santa’s List of Names Does Not Define a Class

For more than a decade, United States District Courts have taken a stark approach to the need for appropriate class definitions and ascertainability in federal class actions. Mueller v. CBS, Inc., 200 F.R.D. 227, 233 (W.D....more

12/2/2020 / Ascertainable Class , Class Action , Class Certification , FRCP 23

R. Trent Taylor

McGuireWoods LLP

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