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Class Action › Causation › Class Certification

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bennett Jones LLP

BC Court Declines to Certify Overdose Prevention Class Action After Finding No Basis in Fact for Causation

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A recent decision from the Supreme Court of British Columbia underscores the Court’s cautious approach to certifying class actions in nuisance cases, particularly when the alleged harm arises from varied and diffuse conduct....more

Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

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The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Butler Snow LLP

Learning from the Past to Combat the “Entrepreneurial Model” of Class Actions

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The meteoric rise in class actions over the past decade has been well-documented. Nowadays even mac & cheese is under attack, with two proposed nationwide class actions filed this month alone claiming labels such as “The...more

A&O Shearman

Seventh Circuit Vacates Decision To Certify Class, Holding That District Court Must Consider Sufficiency Of Defendants' Evidence...

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On July 16, 2020, the United States Court of Appeals for the Seventh Circuit unanimously vacated the Northern District of Illinois, Eastern Division’s decision to grant class certification to plaintiffs bringing securities...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

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Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

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Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

Jones Day

SCOTUS Declines to Review Ruling in Toxic Tort Case

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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

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

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On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Bradley Arant Boult Cummings LLP

Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They Occur

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Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more

Jackson Walker

Class Action Report - October 2016

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As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

BCLP

Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

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On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

Sheppard Mullin Richter & Hampton LLP

Back at it Again (with the Standing Opinions): Seventh Circuit Reiterates Article III Standing in Data Breach Class Actions

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On July 20, 2015, the Seventh Circuit issued its opinion in Remijas v. Neiman Marcus Group, 794 F. 3d 688 (7th Circ. 2015), which immediately became the low-water mark for Article III standing in data breach cases. In short,...more

Pierce Atwood LLP

Class Certification Victory in Building Products Case

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In a case that should be of interest to manufacturers and distributors, and especially to suppliers of building products, lawyers from our class action defense team recently defeated class certification in a building products...more

Carlton Fields

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury...

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A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more

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