Posts in Pre-Certification Motions.
When at first you don’t succeed, seek post-verdict decertification: Lessons learned from Mazzei v. The Money Store

What do you do when a court certifies a class over your objection and denies your motion for directed verdict on the critical class certification issue at trial, and a jury awards $32 million ($54 million if you count pre-judgment interest) on an individual claim worth $133.80? 

Class Action Ohio
Banking Industry, Mortgage Lending Industry, Pre-Certification Motions, U.S. Supreme Court
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
Prospects for Certification Not to Be Considered for CAFA Amount-in-Controversy Calculation
Prospects for Certification Not to Be Considered for CAFA Amount-in-Controversy Calculation
Class Action Ohio
Pre-Certification Motions
Fax Class Has a Blast, Still Standing
Fax Class Has a Blast, Still Standing
Class Action Ohio
Civil Rule 23 Requirements, Federal Class Action Law, Pre-Certification Motions
The class plaintiff “pick off”: Timing is everything

The class plaintiff “pick off”: Timing is everything

Class Action Ohio
Civil Rule 23 Requirements, Pre-Certification Motions, Standing
Sixth Circuit Holds That Rule 68 Offer to Class Representative Does Not Moot Class Claims

Sixth Circuit Holds That Rule 68 Offer to Class Representative Does Not Moot Class Claims

Class Action Ohio
Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law, Standing
U.S. Supreme Court Hears Oral Argument in a Case That Could Have a Broad Reaching Effect on Class Action Lawsuits

U.S. Supreme Court Hears Oral Argument in a Case That Could Have a Broad Reaching Effect on Class Action Lawsuits

Class Action Ohio
Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law, Standing, U.S. Supreme Court
Can an Offer of Judgment Divest a Class Representative of Standing? Supreme Court to Decide

Can an Offer of Judgment Divest a Class Representative of Standing? Supreme Court to Decide

Class Action Ohio
Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law, Standing, U.S. Supreme Court
Ohio’s Eighth District Court of Appeals Affirms Dismissal of Class Claims in Death Master File Case
Ohio’s Eighth District Court of Appeals Affirms Dismissal of Class Claims in Death Master File Case
Class Action Ohio
Insurance Industry, Ohio Class Action Law, Pre-Certification Motions
"Trivial harm" class actions and the de minimus doctrine

"Trivial harm" class actions and the de minimus doctrine

Class Action Ohio
Federal Class Action Law, Pre-Certification Motions, Standing
Sixth Circuit affirms decision striking class allegations in challenge to health care discount program, calling class treatment inefficient, unworkable, and inconsistent with Rule 23

Sixth Circuit Affirms Decision Striking Class Allegations in Challenge to Health Care Discount Program, Calling Class Treatment Inefficient, Unworkable, and Inconsistent with Rule 23

Class Action Ohio
Civil Rule 23 Requirements, Class Action Fairness Act, Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law
Facebook Friend Finder class dismissed
A California District Court Judge has dismissed a class action lawsuit against Facebook challenging the use of its “Friend Finder” feature. 
Class Action Ohio
Federal Class Action Law, Pre-Certification Motions, Standing
No harm, no class: Damage element still standing in Sixth Circuit

The Sixth Circuit has joined other federal circuits in requiring putative class plaintiffs to plead the elements of causation and damages or face dismissal of their class allegations.

Class Action Ohio
Expert Testimony, Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law, Standing

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