On April 29, 2025, the Supreme Court heard argument on an issue that has divided the circuits: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the...more
Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more
12/6/2024
/ Appeals ,
Breach of Warranty ,
Class Action ,
Class Certification ,
Consumer Protection Laws ,
Federal Rules of Civil Procedure ,
Fraud ,
IL Supreme Court ,
Interlocutory Appeals ,
Manufacturing Defects ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Federal district courts are supposed to grant leave to amend a complaint “freely … when justice so requires.” Fed. R. Civ. P. 15(a)(2). The Seventh Circuit has construed this directive to require, in most cases, that a...more
The rule of 28 U.S.C. § 1291 limits the appealability of district court orders to “final decisions.” Although an order resolving fewer than all claims of all parties is not a final decision for purposes of appeal, Rule 54(b),...more