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Some circuits, like Third Circuit, have adopted stricter approach to how plaintiffs establish numerosity. If Plaintiffs use estimate of number of class members, estimate may have to be closely tailored to precise parameters of proposed class to pass muster.
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme...
Sixth Circuit addressed an issue that tends to arise frequently in various types of class actions, such as property insurance and environmental cases: whether property valuation issues are appropriate for class treatment.Answer No and In this case event could be challenged.
Where plaintiffs alleging that a nearby gelatin manufacturing facility run by the defendant exudes noxious odors have moved for certification of a proposed class of owners and occupants of residential property within a half-mile to three-quarters of a mile of the facility, that motion should be allowed because the plaintiffs have made an adequate showing
This month’s Friday Five covers cases relating to an award of attorney’s fees (but not) costs, class certification in an ERISA benefits case, a court finding that a physician claimant...