Tag Archives: class certification

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion. In The Football Association Premier League Limited v. YouTube, Inc., Judge Louis Stanton refused to certify a class of plaintiffs pursuing … Continue Reading

Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants

Co-authored by: Zack Rosenberg Although the Supreme Court continues to set the bar for class certification higher and higher, plaintiffs’ attorneys continue to file class action lawsuits of questionable merit.  The litigation costs required to gain dismissal of even groundless lawsuits are not insubstantial, and a defendant’s inability to fund a vigorous defense can make … Continue Reading

Seventh Circuit Allows Class Certification Despite Attorney Misconduct

Do you ever wonder how plaintiffs’ class action lawyers find their class representatives?  And whether there is any possibility of defeating class certification if their efforts are sleazy or downright unethical?  In the recent decision of Reliable Money Order, Inc. v. McKnight Sales Co., Inc., —F.3d —, No. 12-2599, 2013 WL 85937 (7th Cir. Jan. … Continue Reading

California District Court Awaits Class Certification Motion in Wal-Mart

On December 10, 2012, the California District Court denied Wal-Mart’s motion for an interlocutory appeal in a putative class action filed in the wake of the Supreme Court’s decision not permitting certification of a nationwide class.  Dukes v. Wal-Mart, No. C01-02252 CRB, slip op. (N.D. Cal. Dec. 10, 2012).  In September, the district court had … Continue Reading

Third Circuit Vacates Certification in Run-Flat Tires Case

In a case that illustrates the growing trend in class certification law to rigorously evaluate a plaintiff’s contentions that he or she meets the Rule 23 class certification criteria, the Third Circuit vacated the New Jersey District Court’s certification of a class involving run-flat tires (“RFTs”).  In Marcus v. BMW, Nos. 11-1192, 11-1193, slip op. (3d … Continue Reading

Denver Partner Casie Collignon to Speak on Panel With Colorado Court of Appeals Judge Regarding Class Action Evidentiary Trends

In late 2011, the Colorado Supreme Court issued four seminal class action cases: Jackson v. Unocal Corp., 262 P.3d 874 (Colo. 2011), BP America Production Co. v. Patterson, 263 P.3d 103 (Colo. 2011), Garcia v. Medved Chevrolet Inc., 263 P.3d 92 (Colo. 2011), and State Farm Mut. Auto. Ins. Co. v. Reyher, 266 P.3d 383 … Continue Reading

Recent Louisiana Jurisprudence

Contributing Author: Amanda Karp The Supreme Court of Louisiana recently struck down the trial and appellate courts’ class certification in Alexander v. Norfolk Southern Corp., 82 So.3d 1234 (La. 2012) for a lack of predominance of common issues. The case highlights the critical importance of procuring expert testimony on predominance issues at the class certification … Continue Reading

Class Cannot Be Certified in Facebook Advertiser “Click” Litigation Because Alleged Contract Does Not Exist

Fraud class actions have become increasingly difficult to certify over the years as courts routinely have held that individualized issues of reliance swamp any common issues. Plaintiffs’ attorneys thus have been keen to attempt to transform fraud claims into breach of contract claims and claims under consumer protection statutes.  That approach failed miserably for plaintiffs in In re Facebook, Inc. PPC Advertising … Continue Reading

Individual Causation Issues and Lack of Uniformity in Sales Practices Mean No Certification in Consumer Fraud Class Action

The United States District Court for the Northern District of Illinois recently refused to certify a proposed class in a dispute against an insurance company selling annuities to seniors because individualized inquiries into the company’s sales presentations precluded satisfaction of the predominance criterion required for certification.  In Rowe et al. v. Bankers Life and Casualty … Continue Reading

ERISA Class Actions Still Being Certified Post-Dukes

Editor’s Note: This Entry is a Joint Submission to the Baker Hostetler Class Action Lawsuit Defense and Employment Class Action Blogs.  Be sure to check the employment team’s blog at www.employmentclassactionreport.com for more great content relating to the defense of employment-related class actions. ERISA class certification motions routinely cite cases for the proposition that ERISA cases are the paradigmatic example of … Continue Reading

Southern District of New York Applies Daubert and Denies Class Certification in Securities Case

Continuing the trend in the Second Circuit since the IPO decision for courts to “rigorously” determine whether class certification is appropriate, on March 27, 2012, Judge Miriam Cederbaum of the United States District Court for the Southern District of New York denied plaintiff’s motion for class certification in the putative class action brought against Freddie … Continue Reading

Seventh Circuit Upholds Lower Court Decision Denying Class Certification in Gender-Based Pay Discrimination Case

Contrary to the Seventh Circuit’s recent decision in McReynolds, in which the Court allowed issue certification in the wake of Wal-Mart, in Puffer v. Allstate Insurance Co., No. 11-1273 (March 27, 2012), the Seventh Circuit affirmed a lower court’s ruling denying certification for female employees who claimed that the Allstate Insurance Company’s (“Allstate”) compensation policies … Continue Reading

In Contrast to Wal-Mart, Seventh Circuit Allows 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

Thoughts on Class Actions After Wal-Mart Stores, Inc. v. Dukes

After the Supreme Court’s decision in Wal–Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011) was announced, many believed class certification of employment classes or Rule 23b(2) classes would be a thing of the past.  Developments after Dukes, however, demonstrate that, to the contrary, courts have found ways to avoid the impact of Dukes. Dukes … Continue Reading

Ninth Circuit Affirms That One State’s Laws Cannot Apply to a Nationwide Class and That a Presumption of Reliance Was Improper

In Mazza v. American Honda Motor Company, Inc., 666 F.3d 581 (9th Cir. 2012), the Ninth Circuit reversed certification of a nationwide class of automobile consumers, rejecting the district court’s choice of law and predominance analyses.  Though a split-decision, the Mazza majority reinforced states’ individual interests and ability to regulate consumer transactions occurring within their … Continue Reading

Daubert in the Seventh Circuit After Wal-Mart

The Seventh Circuit’s recent decision in Messner v. Northshore University HealthSystem, No. 10-2514, 2012 WL 129991 (7th Cir. 2012) built on a 2010 decision from the Circuit and held that, where the admissibility of an expert critical to class certification issues is challenged, the district court must conduct a Daubert review prior to denying class … Continue Reading

Supreme Court Limits Use of Injunctions to Thwart Relitigation of Denial of Certification

In an opinion written by Justice Kagan, the Supreme Court’s recent decision in Smith v. Bayer, 131 S. Ct. 2368 (2011) leaves class action plaintiffs with a way in which to potentially relitigate adverse certification decisions.  Holding that a federal court could not enjoin a state court from determining a motion for certification similar to … Continue Reading

Supreme Court’s Wal-Mart Decision Holds Title VII Class Not Certifiable for Lack of Commonality and Rejects Rule 23(b)(2) Certification

In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __, 131 S.Ct. 2541, 180 L.Ed.2d 374 (2011), the Supreme Court held that a Title VII discrimination claim could not be determined on a casewide basis where employment decisions were made locally with no corporate direction. The Court also determined that claims for backpay could not certified … Continue Reading

Daubert Revisited

After the Supreme Court’s decision in Wal-Mart v. Dukes, 131 S. Ct. 2541 (2011), the application of Daubert at the class certification stage has been one of recent confusion.  Although not all circuits have addressed whether a full Daubert analysis is necessary at the class certification stage, the Eighth Circuit announced its approach in In … Continue Reading

Colorado Supreme Court Asks: Where’s the Beef?

Plaintiffs repeatedly, and sometimes successfully, urge class certification after painting a pretty picture of liability with little or no attention whatsoever to the details of the actual evidence that both sides will present at trial.  However, the Colorado Supreme Court recently issued four cases on the same day that asked both parties: where’s the evidence? Here … Continue Reading

Seventh Circuit Rebukes Class Counsel

In a recent decision, the Seventh Circuit held that bad behavior by class counsel can lead to denial of class certification, even where that behavior doesn’t rise to the level of “the most egregious misconduct.” In Creative Montessori Learning Centers v. Ashford Gear LLC, 662 F.3d 913 (7th Cir. 2011), Plaintiffs brought a purported class … Continue Reading
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