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Class Action › Class Members › Evidence

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.
Alston & Bird

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more

Stikeman Elliott LLP

Class Actions in Ontario: 10 Highlights from 2024

Stikeman Elliott LLP on

2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reiterates That Individualized Defenses Matter When Deciding Class Certification

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A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more

Robinson+Cole Class Actions Insider

Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class...

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I used to say that denials of class certification on numerosity grounds were rare and that usually it was futile to oppose class certification on that ground. That’s becoming less true as some circuits, including the Third...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Provides Key Guidance for Defendants Opposing Rule 23(b)(3) Class Actions

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Key Points - The en banc 9th Circuit clarified numerous rules applicable to class actions brought under Rule 23(b)(3) of the Federal Rules of Civil Procedure. The court’s watershed decision in Olean Wholesale Grocery v....more

Robinson+Cole Class Actions Insider

Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

Robinson+Cole Class Actions Insider on

On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class...more

Goodwin

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence Is...

Goodwin on

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more

Carlton Fields

Hearsay What? EDNY Finds That Class Certification Evidence Must Be Admissible

Carlton Fields on

Lin v. Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when...more

Faegre Drinker Biddle & Reath LLP

Beware of the “Influencer”

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The proliferation of social media has transformed the world in many ways including how people communicate, becoming a preferred vehicle for political discourse and an important source of information in litigation. It has also...more

Akerman LLP - HR Defense

Representative Evidence May Or May Not Be Sufficient

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A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by...more

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