Archives: Issue Certification

Subscribe to Issue Certification RSS Feed

No Supreme Court Review of Moldy Washer Cases

Earlier today, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly defective washing machines. The denial of cert in Butler v. Sears, Roebuck & Co., Nos. 11-8029, 12-8030 (7th Cir., Aug. 22, … Continue Reading

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those Requirements

By Rodger Eckelberry on February 21, 2013 Posted in Class Certification, Commonality, Issue Certification, Rule 23 Requirements

Co-author: Elizabeth Braverman In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more guidance on the requirements of commonality where plaintiffs allege discrimination resulted from a companywide delegation of … Continue Reading

Seventh Circuit Certifies Washing Machine Class Action on Efficiency Grounds

By Matthew J. Moody on November 19, 2012 Posted in Class Action Trends, Class Certification, Consumer Fraud, Issue Certification, Uncategorized

In Butler v. Sears, Roebuck and Co., No. 11-8029 (7th Cir. Nov. 13, 2012), a decision authored by Judge Richard Posner, the Seventh Circuit ruled that the question of predominance in class actions “is a question of efficiency,” whether it’s more efficient to litigate issues on a class-wide basis or all issues in separate trials. While … Continue Reading

Supreme Court Declines to Take on the Issue of Issue Certification

By Paul Karlsgodt on October 10, 2012 Posted in Issue Certification

A definitive ruling on whether courts may certify class actions to decide discrete issues, as opposed to cases or claims, will have to wait. Last Monday, the United States Supreme Court denied a writ of certiorari to review the Seventh Circuit Court of Appeals’ ruling in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 672 F.3d 482 … Continue Reading

In Contrast to Wal-Mart, Seventh Circuit Allows Issue Certification

By Deborah Renner on March 1, 2012 Posted in Class Certification, Issue Certification

The Seventh Circuit’s decision in McReynolds v. Merrill Lynch, No. 11-3639 (7th Cir. Feb. 24, 2012), exemplifies how courts are dealing with the Supreme Court’s recent decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), at least in Title VII class certification settings. In Wal-Mart, the Court denied certification of a purported … Continue Reading