News & Analysis as of

Class Action Class Certification Negligent Misrepresentation

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.
Kilpatrick

Ninth Circuit: conjoint analysis fails to show class-wide damages for fraud and negligent misrepresentation claims

Kilpatrick on

Takeaway:  We have written about the use of survey-based conjoint analyses to prove class-wide damages.  See Ninth Circuit summarily reverses exclusion of conjoint survey with “major flaws” (January 18, 2022).  Recently,...more

Seyfarth Shaw LLP

Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more

Mintz - Securities Litigation Viewpoints

Canadian Court Limits Underwriters’ Liability and Susceptibility to Class Treatment

In LBP Holdings Ltd. v Hycroft Mining Corporation, the Ontario Superior Court of Justice denied the plaintiff’s motion to certify a class action in common law negligence and negligent misrepresentation against the...more

Bennett Jones LLP

No Statutory Claim? No Certification for Securities Class Action

Bennett Jones LLP on

Last week, Justice Perell released a securities class action decision (LBP Holdings Ltd. v. Hycroft Mining Corporation, 2017 ONSC 6342 [Hycroft]) refusing to certify a common law claim for negligent misrepresentation against...more

Carlton Fields

Objectively Non-Flushable? The Northern District of California Certifies Consumer Class Regarding Charmin Freshmates

Carlton Fields on

Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of...more

Bennett Jones LLP

Supreme Court of Canada Releases Securities Class Actions Trilogy - Clarifies that the Leave Test has Teeth in Common Law...

Bennett Jones LLP on

The Supreme Court of Canada released reasons in its highly-anticipated trilogy of securities class action cases. In Canadian Imperial Bank of Commerce v. Green, a deeply divided Court reached differing conclusions on...more

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