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Second Circuit holds that class action seeking “meaningless” relief shouldn’t...
We’ve often argued that when the principal rationale for approving a low-value class settlement is that the claims are weak, that is a signal that the case should not have been filed as a class action...
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Supreme Court affirms certification of FLSA collective action in Tyson Foods,...
Under Federal Rule of Civil Procedure 23(b)(3), a court may certify a suit for damages as a class action when “there are questions of law or fact common to the class” that “predominate over any...
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What does Tyson Foods, Inc. v. Bouaphakeo mean for class actions?
The class action plaintiffs’ bar celebrated yesterday’s Supreme Court’s decision in Tyson Foods, Inc. v. Bouaphakeo (pdf), rejecting Tyson’s challenge to class certification. One lawyer called it “a...
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Ninth Circuit rejects meaningful ascertainability requirement for class...
Can you have a class action if class members can’t reliably be found? That question is at the heart of the debate over ascertainability—one that has divided the federal courts. Earlier this week, the...
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Court Strikes Class Allegations in TCPA Case
The recent decision in Cholly v. Uptain Group, No. 15 C 5030, 2017 WL 449176 (N.D. Ill. Feb. 1, 2017), drives home the point—as we’ve discussed on the blog before—that sometimes the pleadings alone...
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Court refuses to certify 5-hour Energy false-advertising class action for...
The U.S. District Court for the Central District of California recently issued an interesting decision (pdf) denying class certification in 15 consolidated consumer class actions against the maker of...
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Making sense of the cascade of appellate decisions on ascertainability
We have repeatedly discussed in this space the ongoing debate among the federal courts about ascertainability—a red-hot topic in class action litigation these days. (For a more detailed look at our...
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Ninth Circuit rejects nationwide class settlement
Another Ninth Circuit panel has roiled the class certification waters, this time rejecting a class action settlement because the district court did not conduct a meaningful analysis of predominance....
View ArticleFirst Circuit Reverses Class Certification Where Individualized Inquiries...
Plaintiffs frequently seek to certify class actions where the proposed classes contain a significant number of uninjured persons. The First Circuit recently reversed the certification of such a class...
View ArticleFifth Circuit affirms striking class allegations at the pleadings stage
Win or lose, class actions that make it past the pleadings threaten businesses with enormous defense costs, especially the costs associated with class-wide discovery. As we’ve discussed before on this...
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