Federal Rules of Civil Procedure, FRCP Rule 23(b)(2)

Article III and Rule 23: Fourth Circuit Holds That Individualized Article III Issues Preclude Class Certification

BakerHostetler on 1/28/2025

For many causes of action, a plaintiff is required to establish an actual “injury” caused by the alleged violation of law. That requirement can be a powerful barrier to class certification if individualized factual inquiries...more

Federal Courts Stop Dancing the “Lusardi Two-Step” Used in Age Discrimination Class Actions

Mandelbaum Barrett PC on 10/21/2024

Some forty years ago this author litigated a precedent setting case in the United States District Court in Newark, New Jersey and in the Third Circuit Court of Appeals in Philadelphia. Among numerous reported decisions in...more

Effective Use of Motions To Deny Class Certification

Womble Bond Dickinson on 8/7/2024

Class action defendants who have a strong basis for defeating class certification need not wait around until the plaintiffs move to certify a class before putting the issue to the test. In some instances, a more strategic and...more

The U.S. Supreme Court Clarifies the Standards and Proof Required to Meet the Reliance Element of a Securities Fraud Claim

Patterson Belknap Webb & Tyler LLP on 2/25/2022

On June 21, 2021, the Supreme Court issued an opinion by Justice Barrett on the reliance element of a securities fraud claim. In a unanimous portion of her opinion (the “Decision”), Justice Barrett held that courts may...more

Litigants in Opioid MDL Propose First Ever “Negotiating Class”

King & Spalding on 8/6/2019

In late June, thirty-nine cities and counties advancing claims in the opioid multidistrict litigation moved to certify a “negotiating class” solely for the purpose of reaching a settlement....more

Federal Rules of Civil Procedure › FRCP Rule 23(b)(2)

Article III and Rule 23: Fourth Circuit Holds That Individualized Article III Issues Preclude Class Certification

Federal Courts Stop Dancing the “Lusardi Two-Step” Used in Age Discrimination Class Actions

Effective Use of Motions To Deny Class Certification

The U.S. Supreme Court Clarifies the Standards and Proof Required to Meet the Reliance Element of a Securities Fraud Claim

Litigants in Opioid MDL Propose First Ever “Negotiating Class”

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