Standing. The D.C. Circuit held that plaintiffs do not have Article III standing to appeal an adverse class certification decision after those individual plaintiffs prevail in their individual suit....more
Highlights from this issue include: Ascertainability. The Fourth Circuit reiterated that it imposes an implicit “ascertainability” requirement pursuant to which a class cannot be certified unless a court can readily identify...more
Ascertainability. The Tenth Circuit affirmed it treated ascertainability as a sub-requirement of numerosity, not a standalone criteria. The Tenth Circuit affirmed the denial of certification of a class of college students who...more
Highlights from this issue include:
Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in...more
1/16/2023
/ Affirmative Defenses ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Employee Retirement Income Security Act (ERISA) ,
IKEA ,
Lyft ,
Predominance Requirement ,
Securities Violations ,
Unfair or Deceptive Trade Practices