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Appellate Courts › Litigation Strategies › Class Certification

Axinn, Veltrop & Harkrider LLP

Hanging in the Balance: Supreme Court Declines to Decide the Uninjured Class Member Question in Labcorp v. Davis

Axinn, Veltrop & Harkrider LLP on

Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more

Ballard Spahr LLP

One Size Fits None: Sixth Circuit Demands State-by-State Analysis in Auto Defect Class Actions

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The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more

Robinson+Cole Class Actions Insider

How Will Trump v. CASA, Inc.  Affect Class Certification Law?

Robinson+Cole Class Actions Insider on

The Supreme Court’s recent decision in Trump v. CASA, Inc., –– S. Ct. ––, 2025 WL 1773631 (U.S. June 27, 2025), restricting the use of “universal injunctions” by federal district courts, is receiving extensive attention...more

Ervin Cohen & Jessup LLP

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers

Ervin Cohen & Jessup LLP on

In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class...more

Bennett Jones LLP

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

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A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

Morrison & Foerster LLP - Class Dismissed

Everyone Please Stand: Supreme Court to Consider Standing Requirements for Class Actions, With the Potential to Resolve...

Morrison & Foerster LLP - Class Dismissed on

On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Bennett Jones LLP

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

Bennett Jones LLP on

In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

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