News & Analysis as of

Class Action › Class Certification › Affirmative Defenses

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.
Morgan Lewis

Trends in Automotive Class Actions

Morgan Lewis on

As the types of automotive class actions continue to evolve, so too do class action trends and developments. Morgan Lewis lawyers detail below some of the hot topics in automobile class action litigation, such as personal...more

Robinson+Cole Class Actions Insider

Rules Enabling Act Key to New Ninth Circuit Decision on Class Certification

Robinson+Cole Class Actions Insider on

A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published December 2022

Shook, Hardy & Bacon L.L.P. on

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

BakerHostetler

Illinois District Court Refuses to Certify Class Based on Anti-harassment Policy

BakerHostetler on

Most employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal antidiscrimination legislation and to take advantage of the affirmative defense...more

Robinson+Cole Class Actions Insider

Seventh Circuit: Defendants Need Not Prove Merits of Defenses to Defeat Class Certification

Robinson+Cole Class Actions Insider on

A recent Seventh Circuit decision makes an important point about how the principle that a court generally need not resolve the merits to decide class certification is bilateral – it applies to both affirmative claims and...more

Littler

California Superior Court Grants Class Certification in Equal Pay Case

Littler on

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Bradley Arant Boult Cummings LLP

Say What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense...

Bradley Arant Boult Cummings LLP on

Just when you thought litigating Telephone Consumer Protection Act (TCPA) class actions was as unsafe as it could get for defendants, the Ninth Circuit said, “Not so fast.” In McKesson v. True Health, two chiropractic...more

K&L Gates LLP

Second Circuit Rejects Use of Rule 67 to Moot Class Representative’s Claims

K&L Gates LLP on

In Radha Geismann, M.D., P.C. v. ZocDoc, Inc., the Second Circuit declined to allow the defendant-appellee to moot a putative class action by depositing $20,000—in full settlement of the plaintiff-appellant’s individual...more

Robinson+Cole Class Actions Insider

Impact of Surveys and Affirmative Defenses on Class Certification Motion Addressed By California Court of Appeal

Robinson+Cole Class Actions Insider on

In a long-running employment class action in California, a California Court of Appeal recently addressed once again the use of surveys of class members....more

Troutman Pepper Locke

Third Circuit Introduces New Uncertainty While Attempting to Clarify Ascertainability Jurisprudence

Troutman Pepper Locke on

On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more

Akin Gump Strauss Hauer & Feld LLP

7th Circuit Balks At Class Action Defendant’s Attempt To Pick-Off Lead Plaintiff

Akin Gump Strauss Hauer & Feld LLP on

On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more

Benesch

HCA Holdings Must Present More Than “Speculation” of Affirmative Defenses to Defeat Class Certification, Sixth Circuit Holds

Benesch on

Investors sued HCA Holdings, Inc., alleging that HCA’s registration statement and prospectus contained misrepresentations when HCA made its initial public offering in 2011. The district court certified a class of investors,...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide