Nowhere is the COVID-19 virus mutating more quickly than in the cozy confines of class action litigation. From business interruption, to gym memberships, to disappointed Airbnb hosts, more and more Americans are turning to Rule 23 to recover losses that are as unprecedented as they were unpredictable.
The halls of higher education have not been ...
Class Certification Denied Under Rules 23(a)(2) and 23(b)(3) Where Individualized Inquiries Were Required for Car Dealers’ Claims
The class plaintiff “pick off”: Timing is everything
Certification denied in junk faxes class action
California district judge denies plaintiff's motion for class certification against Google for failing to meet the predominance requirement of Rule 23(b)(3)
Ninth Circuit finds employee statutory claims cannot be removed under CAFA
Ohio Supreme Court Reverses Class Certification
Stammco Defendants Respond to Motion for Reconsideration
A case discussion involving class certification denial on the basis of lack of commonality among class members.
Sixth Circuit Reaffirms Class Certification in Whirlpool Washing Machine Case
As discussed in a prior article, the Ohio Supreme Court recently considered four jurisdictional memoranda raising fundamental challenges to class action law in Ohio. The Court has now made its jurisdictional decisions in each case.
Much has been already said about the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). In this article, we provide a discussion of the recent case of Ham v. Swift Transp. Co., Inc., 275 F.R.D. 475 (W.D. Tenn. 2011), which illustrates that the precepts of Wal-Mart do not impede certification of classes under ...
Sixth Circuit Affirms Decision Striking Class Allegations in Challenge to Health Care Discount Program, Calling Class Treatment Inefficient, Unworkable, and Inconsistent with Rule 23
On October 26, 2011, Defendants-Appellants filed a Rule 23(f) Petition seeking immediate leave to appeal the District Court's October 13, 2011 Order granting in part Plaintiff-Appellee's motion for class certification.
An analysis of the first case from the Sixth Circuit to expressly address the fail-safe class, which is defined as a class that requires a decision on the merits of a claim in order to determine who is within the class.
Discussion of a New York District Court decision that provides analysis of a consumer class action claim and the question of commonality.
The 6th Circuit Court of Appeals reversed an order certifying a class of hundreds of multi-employer trust funds asserting fiduciary claims arising under the Employee Retirement Income Security Act.