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Class Action › Class Certification › Rules Enabling Act

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.
Robinson+Cole Class Actions Insider

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

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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

King & Spalding

Ninth Circuit Holds That Statistical or “Representative” Evidence Can Establish Predominance, But Vacates Order Certifying Class...

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On April 6, 2021, the Ninth Circuit for the first time addressed a plaintiff’s burden to show predominance at the class certification stage. In Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the court joined the...more

Skadden, Arps, Slate, Meagher & Flom LLP

2020 Class Action Outlook

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Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more

Foley & Lardner LLP

Will The Supreme Court Allow Class Action Stacking?

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Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more

Robinson+Cole Class Actions Insider

Ascertainability Not Required In Ninth Circuit, But Manageability Remains

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One of the first significant class action appellate decisions of 2017 was issued this week. In Briseno v. ConAgra Foods, Inc., No. 15-55727 (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require that it...more

Carlton Fields

State Law Prohibiting Class Actions Does Not Preclude Court From Maintaining Certification and Approving Settlement Agreement

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The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter the binding nature of the parties’ settlement agreement, nor does it...more

Robinson+Cole Class Actions Insider

Labor Depreciation Class Action Update: Decisions on Class Certification

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I have had a busy summer and am overdue in updating readers on recent decisions in class actions against insurers involving the “labor depreciation” issue. The issue involves whether, when insurers estimate the “actual cash...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

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On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

BakerHostetler

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions

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In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to...more

Cozen O'Connor

SCOTUS Opens the Door to Representative Evidence in Donning and Doffing Cases

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In a decision that comes as a surprise to many observers, the U.S. Supreme Court held this week in Tyson Foods, Inc. v. Bouaphakeo et al. that plaintiffs can use representative evidence in a donning and doffing class or...more

Robinson+Cole Class Actions Insider

Tyson Foods Supreme Court Opinion Addresses Statistical Evidence in Class Actions

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Yesterday, the Supreme Court issued its opinion in Tyson Foods v. Bouaphakeo, addressing the use of statistical evidence in class actions. The plaintiffs’ bar will undoubtedly claim the decision as a victory because class...more

Proskauer Rose LLP

The End of “Average Joe,” Class Plaintiff? The Supreme Court Will Review the Use of Composites in Class Actions

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You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more

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