Posts in Class Definitions.
New life for the death knell? SCOTUS accepts Microsoft Corp. v. Baker

On January 15, 2016, the U.S. Supreme Court granted certiorari to review the decision of the Ninth Circuit in Baker v. Microsoft Corporation.

Class Action Ohio
Class Definitions, Federal Class Action Law, U.S. Supreme Court
No good deed goes unpunished: Did P.F. Chang’s prompt notice of data breach create standing to sue?

Class-wide relief for security breaches just got a little easier in the Seventh Circuit.  

Class Action Ohio
Class Definitions, Data Privacy and Cyber Security, U.S. Supreme Court
Third Circuit "clarifies" ascertainability: Is the circuit split?

The Third Circuit has published extensively in recent years on the issue of ascertainability. In its fifth ruling in three years on this subject, the court reversed certification of a class of consumers who had leased or purchased laptop computers that contained unauthorized spyware.

Class Action Ohio
Class Definitions
Ohio Appellate Court: Class Certification Requires Actual Analysis
Ohio trial courts have needed reminding that class certification requires a bit of explanation. Gordon v. Erie Islands Resort & Marina, a case from Ohio’s 6th Appellate District, is the latest case in point.
Class Action Ohio
Class Definitions, Ohio Class Action Law
S.D. Ohio Holds No-Consent TCPA Class Impermissibly “Fail-Safe”
S.D. Ohio Holds No-Consent TCPA Class Impermissibly “Fail-Safe”
Class Action Ohio
Class Definitions, Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law
Class Certification Denied Under Rules 23(a)(2) and 23(b)(3) Where Individualized Inquiries Were Required for Car Dealers’ Claims

Class Certification Denied Under Rules 23(a)(2) and 23(b)(3) Where Individualized Inquiries Were Required for Car Dealers’ Claims

Class Action Ohio
Civil Rule 23 Requirements, Class Action Fairness Act, Class Definitions
Lack of Injury Sinks Class Over Tainted Water Supply
Lack of Injury Sinks Class Over Tainted Water Supply
Class Action Ohio
Civil Rule 23 Requirements, Class Definitions, Ohio Class Action Law

Fail-safe definition dooms state wage and hour class

Fail-safe definition dooms state wage and hour class

Class Action Ohio
Class Definitions, Federal Class Action Law, Kentucky Class Action Law
Ohio's Eighth Appellate District affirms denial of class certification in Maestle v. Best Buy due to lack of unambiguous, identifiable class
Determining whether a complaint properly identifies and defines a class is a critical step in determining whether class certification is appropriate.   If a class definition is overbroad, unambiguous, unidentifiable or failsafe, certification should generally be denied.  Federal case law is developed on this point.  Ohio cases, on the other hand ...
Class Action Ohio
Class Definitions
Heads I win, tails you lose: Fail-safe class definitions

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.

Class Action Ohio
Civil Rule 23 Requirements, Class Definitions, Federal Class Action Law, Insurance Industry

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