The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the...more
1/31/2018
/ Appeals ,
Barclays ,
Burden of Persuasion ,
Burden of Production ,
Class Action ,
Class Certification ,
Collateralized Debt Obligations ,
Conflicts of Interest ,
FRCP 23(b)(3) ,
Goldman Sachs ,
Material Misstatements ,
Preponderance of the Evidence ,
Rule 10(b) ,
Rule 10b-5 ,
Securities Exchange Act ,
Securities Fraud ,
Securities Violations ,
Stocks
The Northern District of California recently renewed hope in a minor league baseball player class action wage dispute by granting the plaintiffs class certification after they narrowed the class. The court had previously...more
3/27/2017
/ Baseball ,
Class Action ,
Class Certification ,
Employment Litigation ,
FRCP 23 ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
MLB ,
Motion for Reconsideration ,
Putative Class Actions ,
Wage and Hour
The Third Circuit affirmed an order denying class certification because the plaintiffs failed to provide sufficient evidence of classwide antitrust impact, and thus, could not satisfy Rule 23(b)(3)’s predominance requirement....more
The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter the binding nature of the parties’ settlement agreement, nor does it...more
A Second Circuit panel rejected the settlement reached between defendants Visa, MasterCard, and various banks, and plaintiffs, approximately 12 million merchants who alleged the principally identical network rules of Visa and...more
7/6/2016
/ Anti-Competitive ,
Banking Sector ,
Banks ,
Class Action ,
Credit Cards ,
Due Process ,
Fourteenth Amendment ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
MasterCard ,
Merchants ,
Settlement ,
Sherman Act ,
Visa Inc
A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation...more
3/30/2016
/ Class Certification ,
Commonality ,
Corporate Counsel ,
FRCP 23(b)(3) ,
Independent Contractors ,
Misclassification ,
Predominance Requirement ,
Putative Class Actions ,
Transportation Industry ,
Wage and Hour ,
Williams-Sonoma
The Second Circuit vacated a class certification order issued by the Southern District of New York, finding that Rule 23(b)(3)’s predominance and superiority requirements could not be met given the necessity of applying 27...more
After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality...more