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Kilpatrick

Supreme Court grants certiorari to address circuit split regarding uninjured class members

Kilpatrick on

Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more

BakerHostetler

10th Circuit Reverses Class Certification in Claimed Off-the-Clock Case

BakerHostetler on

Court also holds that arbitrability questions must be resolved by the arbitrator - The 10th Circuit has decided two significant issues in an otherwise garden-variety off-the-clock case, one relating to arbitration and the...more

BCLP

Third Circuit Adopts a Standard for Reevaluating an Initial Denial of Class Certifications

BCLP on

District courts within the Third Circuit have historically applied different standards when analyzing a renewed motion for class certification. The Third Circuit used the recently issued Hargrove v. Sleepy's LLC as an...more

Skadden, Arps, Slate, Meagher & Flom LLP

2020 Class Action Outlook

Skadden, Arps, Slate, Meagher & Flom LLP on

Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Rules That Pending Class Actions Do Not Toll Limitations Period for Subsequent Class Actions

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In China Agritech v. Resh, No. 17-432 (June 11, 2018), the U.S. Supreme Court held yesterday that a pending class action does not toll the statute of limitations for absent class members who bring a subsequent class action....more

Eversheds Sutherland (US) LLP

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

Eversheds Sutherland (US) LLP on

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more

Akin Gump Strauss Hauer & Feld LLP

The 9th Circuit Declines to Adopt Administrative Feasibility Requirement for Class Certification

Akin Gump Strauss Hauer & Feld LLP on

Key Points - - The U.S. Court of Appeals for the 9th Circuit joined the 6th, 7th, and 8th Circuits in declining to adopt an “administrative feasibility” requirement for plaintiffs seeking to certify a class under...more

Seyfarth Shaw LLP

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

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Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

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