Class Certification, Split of Authority, Predominance Requirement

Supreme Court Forgoes Chance to Resolve Issue of Class Certification under Rule 23

Venable LLP on 7/1/2025

On June 5, 2025, the U.S. Supreme Court was set to rule in Labcorp v. Davis, which sought to resolve division among federal circuit courts regarding the certification of a damages class under Rule 23 of the Federal Rules of...more

D.C. Circuit Affirms Denial Of Class Certification Where Damages Model Showed That Some Class Members May Have Suffered No Injury

King & Spalding on 10/4/2019

On August 16, the D.C. Circuit held in a high-profile antitrust MDL involving railroad shippers that the plaintiffs failed to satisfy Rule 23(b)(3)’s predominance requirement because their expert’s damages model calculated...more

The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues

Bradley Arant Boult Cummings LLP on 7/27/2018

Last week the Sixth Circuit took a big step to extend its reputation as one of the most class-friendly circuits in the country. In Martin v. Behr Dayton Thermal Prods. LLC, Judge Jane Stranch, writing for a unanimous panel,...more

The 2nd Circuit Clarifies that Administrative Feasibility Is Not a Requirement for Class Certification

Akin Gump Strauss Hauer & Feld LLP on 7/14/2017

On July 7, in In re Petrobras Securities, the 2nd Circuit declined to adopt an independent “administrative feasibility” requirement for class certification under Rule 23. In so holding, the 2nd Circuit joined the 6th, 7th,...more

Circuit Split on Certification: How far can evidence of price-fixing carry antitrust plaintiffs?

Patterson Belknap Webb & Tyler LLP on 1/17/2017

Manufacturers of containerboard and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1...more

Class Certification › Split of Authority › Predominance Requirement

Supreme Court Forgoes Chance to Resolve Issue of Class Certification under Rule 23

D.C. Circuit Affirms Denial Of Class Certification Where Damages Model Showed That Some Class Members May Have Suffered No Injury

The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues

The 2nd Circuit Clarifies that Administrative Feasibility Is Not a Requirement for Class Certification

Circuit Split on Certification: How far can evidence of price-fixing carry antitrust plaintiffs?

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