News & Analysis as of

Fraud FRCP 23

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Robinson Bradshaw

The Dangers of Watering Down Class-Certification Standards in Fraud Cases

Robinson Bradshaw on

Class actions have long been difficult to certify in fraud cases.  But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm.  That decision is now on...more

Faegre Drinker Biddle & Reath LLP

Eastern District of Virginia Denies Motion to Certify Class, Sheds Light on Rule 23(b)(3) Predominance and Superiority...

The U.S. District Court for the Eastern District of Virginia analyzed Federal Rule of Civil Procedure 23(b)(3)’s predominance and superiority requirements for class actions in a recent decision denying a motion to certify a...more

Seyfarth Shaw LLP

Class Notice Interference On The Defense: Court Penalizes Defendants And Attorney

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a class action lawsuit alleging multiple fraud claims, a federal court in Illinois granted the plaintiff’s motion to sanction the defendants for interfering with the class notice process by encouraging...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Requirements in FRCP Rule 23 for Class Certification

Bass, Berry & Sims attorney Chris Lazarini analyzed a putative class action case that posed whether common questions of law or fact predominate on the reliance element of Plaintiffs' Section 10(b) claims. The court concluded...more

Jackson Walker

Class Action Report - October 2016

Jackson Walker on

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

Carlton Fields

Second Circuit Affirms District Court’s Denial of Certification of Class of Investors Alleging Common Law Fraud Under New York Law

Carlton Fields on

The Second Circuit affirmed the district court’s denial of class certification of a class of investors based on the appellants’ failure to satisfy the numerosity and commonality requirements of Rule 23(a). Following the...more

Carlton Fields

Amgen Inc. v. Connecticut Retirement Plans And Trust Funds: Does Supreme Court Put “Cart Before The Horse” To Satisfy Predominance...

Carlton Fields on

To best understand this decision, we need to look at the rules concerning both class actions and securities: - According to Rule 23(b)(3), a class action may be maintained if the court finds that questions of law or...more

BakerHostetler

Class Certification Denied In Recent Consumer Products False Advertising Cases

BakerHostetler on

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

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