Federal Rules of Civil Procedure, Class Certification, Predominance Requirement

Supreme Court Forgoes Chance to Resolve Issue of Class Certification under Rule 23

Venable LLP on 7/1/2025

On June 5, 2025, the U.S. Supreme Court was set to rule in Labcorp v. Davis, which sought to resolve division among federal circuit courts regarding the certification of a damages class under Rule 23 of the Federal Rules of...more

Article III and Rule 23: Fourth Circuit Holds That Individualized Article III Issues Preclude Class Certification

BakerHostetler on 1/28/2025

For many causes of action, a plaintiff is required to establish an actual “injury” caused by the alleged violation of law. That requirement can be a powerful barrier to class certification if individualized factual inquiries...more

New Circuit Decisions Highlight When Individualized Damages Issues May Preclude Class Certification

Foley & Lardner LLP on 11/10/2023

Under Federal Rule of Civil Procedure 23(b)(3), a district court may certify a damages class if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only...more

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

BakerHostetler on 7/11/2022

For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

Will Settling Class Actions Get More Difficult in 2019?

Proskauer - Minding Your Business on 3/8/2019

Consumer advocates, defense attorneys, tort reformists, and trial judges are all eagerly awaiting a decision by the Ninth Circuit which all hope will clarify the process for certifying a nationwide settlement class in the...more

Chris Lazarini Analyzes Requirements in FRCP Rule 23 for Class Certification

Bass, Berry & Sims PLC on 1/7/2017

Bass, Berry & Sims attorney Chris Lazarini analyzed a putative class action case that posed whether common questions of law or fact predominate on the reliance element of Plaintiffs' Section 10(b) claims. The court concluded...more