In This Issue:
- Nexium and the Problems of Overbroad Class Actions
- Class Certification Decisions:
..Decisions Granting Motions to Strike/Dismiss Class Claims
..Decisions Denying Motions to Strike/Dismiss Class Claims
..Decisions Rejecting/Denying Class Certification
..Decisions Permitting/Granting Class Certification
..Other Class Action Decisions
- Class Action Fairness Act (CAFA) Decisions:
..Decisions Denying Motions to Remand/Reversing Remand Orders/Finding CAFA Jurisdiction
..Decisions Granting Motion to Remand/Finding No CAFA Jurisdiction
- Excerpt from Nexium and the Problems of Overbroad Class Actions:
As we have noted in previous editions of the Chronicle, a number of federal courts have ignored the problems inherent in overbroad class actions. For example, the U.S. Court of Appeals for the Seventh Circuit has approved certification of consumer classes largely consisting of absent class members who never encountered the alleged defect in certain products, such as washing machines, windows and roofing tiles. The Seventh Circuit and other courts have justified this approach with a promise that the uninjured could be sorted out in later proceedings if necessary — specifically, in individual damages trials following a plaintiff verdict on liability. We have questioned the viability of this approach, noting that class participation is typically quite low in consumer suits even when submitting a claim is as simple as completing a form, and thus the notion that any significant number could be expected to participate in actual damages trials is wishful at best....
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