Page 8 - Class Certification News Today

Based on the facts before it, the Supreme Court in American Pipe limited the tolling of absent class member claims in at least two ways: (1) to cases in which class certification had been denied and (2) to cases in which the denial of class certification was not for lack of standing by the named plaintiff. American Pipe, 414 U.S. at 552–53. While American Pipe noted these limitations, courts have struggled with both restrictions because they can appear to lead to inequitable results and b...

In Olean Wholesale, litigation related to the long-running tuna price-fixing saga, purchasers of packaged seafood alleged a price-fixing conspiracy against the three largest domestic producers of packaged tuna. At class certification, the parties’ experts disagreed on whether a sufficient portion of the proposed class had been harmed by the alleged scheme. The plaintiffs’ expert “relied on statistical evidence in the form of a regression model which purports to prove that the price-fixin...

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? The Class Action Chronicle, courts have struggled to define the ascertainability requirement that is implicit in Rule 23 of the Federal Rules of Civil Procedure. Several courts, including the U.S. Courts of Appeals for the First, Third and Fourth Circuits, have required proof of administrative feasibility — i.e., that the identification of class members will be a manageable proces...

Tuesday, February 9, 2021 Highlights from this issue include: Supreme Court grants cert in securities class action to address whether the  Basic presumption of class-wide reliance can be rebutted based on the generic nature of the alleged representation and that the statement had no price impact. Massachusetts appellate court emphasizes that evidence is required to support class certification, even under state law. District court in the Second Circuit holds that  Daubert analysis...

Introduction What do you get when you cross allegedly defective refrigerators, a dangerous chemical agent, and a hotly contested topic in class action practice? The answer is: a precedential opinion from the U.S. Court of Appeals for the 11th Circuit that clarifies the boundaries of the ascertainability requirement and minimizes the role of “administrative feasibility” considerations in the class certification analysis. In Cherry v. Dometic Corp., the 11th Circuit held that “the existenc...

Advertisement A Chilly Reception at the 11th Circuit: The Court Narrows the Scope of the Ascertainability Requirement for Class Certification Tuesday, February 9, 2021 What do you get when you cross allegedly defective refrigerators, a dangerous chemical agent, and a hotly contested topic in class action practice? The answer is: a precedential opinion from the U.S. Court of Appeals for the 11th Circuit that clarifies the boundaries of the ascertainability requirement and minimizes the...

Monday, February 1, 2021 A look at the most significant cases and stories in class and collective litigation last year, and the anticipated impact of these developments in 2021: 1. Pandemic-related class actions lie in wait The COVID-19 pandemic was the most significant challenge employers had to reckon with in 2020, and COVID-19-related litigation continues to evolve alongside the ever-changing workplace. Although companies faced an onslaught of employment claims related to the pande...

In Hirsch v. USHealth Advisors, LLC, Judge Pittman, of the United States District Court for the Northern District of Texas, denied Aaron Hirsch’s (“Plaintiff”) Motion for Class Certification, which was based on allegations that USHealth Advisors, LLC (“USHA”) and USHealth Group, Inc. (“USGA”) (collectively “Defendants”) violated the Telephone Consumer Protection Act and Maryland equivalent of the Telephone Consumer Protection Act. In doing so, the Court put a dent in claims w...

Constituti unconstitutional. these two individual iraqi plaintiffs that we filed on behalf exemplify individuals who actually have helped the united states government in the war in iraq and should not be detained and should be released so that they can be reunited with their family. >> so mostly your biggest argument is they are being detained, but wouldnt it be the discretion of a president by way of executive order or no? >> we are seeking class certification because we believe there are many ...

Congressman. [ foreign language ] >> weve been talking about the fact that president trumps executive order closing the nations borders to funls was put into immediate effect on friday night, but refugees who were airborne on flights on the way to the united states when the order was signed were stopped and detained at airports. so lawyers are jumping in now, the detention has prompted legal challenges. they want their clients released. so at the same time, they filed a motion for class certific...