After numerous posts regarding the different approaches the Courts of Appeals have taken when addressing certification of a class that includes uninjured class members, we recently discussed the U.S. Supreme Court’s decision...more
Takeaway: Class certification of damages claims frequently turns on whether individual issues predominate over common issues under Federal Rule 23(b)(3). Class plaintiffs facing predominance problems may attempt to circumvent...more
Takeaway: In a prior post, we reported on a Central District of California decision granting an early motion to strike class allegations. Don’t miss the chance to strike out class actions (Feb. 27, 2019). But on appeal,...more
The issue of personal jurisdiction in class action litigation continues to be addressed by the federal appellate courts. We recently published an article about the Seventh Circuit’s decision in Mussat v. IQVIA, No. 19-1204,...more
Federal Rule 23(c)(4) allows class certification of “particular issues.” The question of “issue” certification has divided the Courts of Appeals, with some courts taking a “narrow” view that issues cannot be certified unless...more
Takeaway: Many courts instinctively have a negative view of motions to strike. For decades courts have referred to such motions – at least when directed to individual allegations under Rule 12(f) – as “disfavored,” a...more
“Picking-off” a named class representative is a class action defendant’s dream. Faced with a class action in which the named plaintiff seeks a small recovery on an individual basis but an enormous recovery on a class basis,...more