News & Analysis as of

Rule 23

A $450MM Question of Fact: Court Denies Summary Judgment to Plaintiff in Certified TCPA Class Action – The Jury Must Determine...

by Womble Bond Dickinson on

Yesterday, in O’Shea v. American Solar Solution, Inc., the United States District Court for the Southern District of California handed Defendant American Solar Solution its place in the sun— denying a Plaintiff’s motion for...more

2017 Class Action Review

by BakerHostetler on

We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year. This comprehensive analysis of last year’s developments in class...more

Chris Lazarini Comments on Appointment of Lead Plaintiffs in Class Actions under PSLRA

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case involving guidance on the Private Securities Litigation Reform Act's (PSLRA) procedures for selection of lead plaintiffs in a securities class action. As outlined...more

Ninth Circuit deepens Circuit split by holding inadmissible evidence can be considered in resolving class certification

Takeaway: The Ninth Circuit recently ruled that inadmissible evidence may be considered in ruling on a motion for class certification. But does inadmissible evidence really qualify as evidence? Notwithstanding the evidentiary...more

Proposed Rule 23 Amendment for Class Action Settlement: Sea Change or Codification of the Status Quo?

by BakerHostetler on

We’ve noted several times in this blog the difficulties parties may face when trying to obtain court approval for a settlement they have reached. Recognizing many of these issues, new amendments to Federal Rule of Civil...more

Proposed Rule 23 Amendment for Class Action Settlement: Sea Change or Codification of the Status Quo?

by BakerHostetler on

Proposed amendments to the class action settlement process in Federal Rule of Civil Procedure 23(e) are scheduled to take effect on Dec. 1, 2018. One of the proposed amendments requires that “[t]he parties must provide the...more

Ninth Circuit Concludes That Admissibility Is Not A Factor In Deciding Class Certification

by Jackson Lewis P.C. on

On May 3, 2018, in Sali v. Corona Medical Center, et al., Case Number 15-56460, a putative wage-hour class action, the U.S. Court of Appeals for the Ninth Circuit held that evidence does not have to be admissible for it to be...more

Supreme Court Considers an Expansion of Class-Action Tolling

On March 26, 2018, the Supreme Court heard argument in China Agritech, Inc. v. Resh (No. 17-432), a case in which the justices will determine whether a plaintiff whose otherwise untimely claim has been tolled by the rules...more

California District Court Denies Certification of Class of Retail Loss Prevention Employees

by BakerHostetler on

Plaintiffs’ Arguments Miss the [fill in the blank] - One of the justifications and requirements for class treatment is that the plaintiffs’ claims all can be resolved in one stroke. ...more

Ninth Circuit Finds Evidence at Class Certification Not Required to Be Admissible - The Last Word on the Issue?

by BakerHostetler on

In a 28-page opinion, a panel of the Ninth Circuit overturned a district court’s denial of class certification, in part, because the lower court required supporting evidence to be admissible. This decision certainly...more

Turning the Tables in Class Action Discovery: Conducting Merits Discovery Prior to Class Certification Remains a Viable Defense...

by Polsinelli on

Class actions often are lengthy and costly undertakings for defendants, and the discovery process can demand the most significant amount of resources. When discovery on class certification issues is then followed by merits...more

Jackson Lewis Class Action Trends Report Spring 2018 Now Available

by Jackson Lewis P.C. on

Below is the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find...more

Ninth Circuit’s “Choice of Law Analysis"

by Epiq on

Since almost all certified class actions settle, a Circuit Court of Appeals decision affecting the viability of such settlements is certain to receive a lot of attention from class action practitioners. This is particularly...more

A Primer: Wisconsin's New Class Action Statute

by Foley & Lardner LLP on

The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more

Nothing In Common (Or Not Enough To Satisfy Rule 23’s Commonality Requirement)

In BLH v. SCDSS issued today, the Court of Appeals overturned a trial court order granting class certification in an action stemming from alleged breaches of adoption assistance subsidy agreements. As an initial matter,...more

Illinois Motor Fuel Tax: Should You File a Refund Claim?

by Jones Day on

The Decision: In Waste Management of Illinois, Inc. v. Illinois Department of Revenue, 2017 IL App (1st) 162830-U, the Illinois Appellate Court held that compressed natural gas ("CNG") is not a taxable motor fuel under the...more

Business Judgment Rule Applies to a Board’s Response to Take “All Necessary Actions”

What legal standard applies to assess a corporate board’s refusal to pursue litigation in response to a shareholder’s demand to take “all necessary actions” to correct alleged director misconduct?...more

United States Supreme Court Considers Application Of American Pipe Tolling To Subsequent Class Actions

by Shearman & Sterling LLP on

On Monday, March 26, 2018, the United States Supreme Court heard oral argument in an appeal that presents the question whether American Pipe tolling—which provides that the pendency of a class action generally tolls the...more

Southern District Of New York Partially Denies Certification Of Putative Class Action Claims For Lack Of Class Standing

by Shearman & Sterling LLP on

On March 22, 2018, Chief Judge Colleen McMahon of the United States District Court for the Southern District of New York granted in part and denied in part class certification in a putative class action alleging breach of...more

Justices Scrutinize the Pros and Cons of Extending American Pipe Tolling

by Foley & Lardner LLP on

As we previewed last week, the Supreme Court is considering 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...more

Will The Supreme Court Allow Class Action Stacking?

by Foley & Lardner LLP on

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

Supreme Court Hears Argument On Application Of American Pipe Tolling Decision To Subsequent Class Actions

by Jackson Lewis P.C. on

As discussed on our blog late last year, the U.S. Supreme Court granted certiorari to China Agritech, Inc., a fertilizer manufacturer, from the Ninth Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir....more

Must the Rule 23 Predominance Requirement Be Satisfied for Purposes of a Class Settlement? The Ninth Circuit Says, “Yes.”

In 2015, the Rule 23 Subcommittee to the Advisory Committee on Civil Rules floated the idea of amending Rule 23 to eliminate the predominance requirement for class certification in the settlement context. The suggestions...more

Class Action Roundup: Winter 2018

by Alston & Bird on

Where the (Class) Action Is - Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017. On the docket this quarter is another slate of cases covering a...more

Ninth Circuit Vacates Final Approval of National Settlement Class Action Certification

by BakerHostetler on

Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded...more

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