Tag Archives: Commonality

A Big Week for the Securities Bar: Amgen and Gabelli

Co-authored by: Marc D. Powers, Mark A. Kornfeld, and Jessie M Gabriel Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team and BakerHostetler’s Class Action Team. The Supreme Court last week issued two opinions of major importance to the securities bar. In Amgen Inc. v. Connecticut Retirement … 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

Dukes Dooms Domino’s Delivery Drivers’ Class Action

By Rodger Eckelberry on February 14, 2013 Posted in Class Certification, Commonality, Rule 23 Requirements

Co-author: Scott J. Bent The Eighth Circuit recently reaffirmed one of the central holdings of Dukes v. Wal-Mart—commonality is no longer a “rubber stamp.” In Luiken v. Domino’s Pizza, a Domino’s delivery driver sought to represent a class of about 1,600 fellow drivers in an action against the pizza giant for wrongfully withholding tips. No. … Continue Reading

California District Court Awaits Class Certification Motion in Wal-Mart

By Casie Collignon on December 18, 2012 Posted in Class Action Trends, Class Certification, Commonality, Rule 23 Requirements, Rule 23(b)(2) Class Actions

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

The Stakes are High as Supreme Court Considers Evidentiary Standards for Expert Testimony on Class Certification

By Paul Karlsgodt on August 28, 2012 Posted in Class Certification, Expert Testimony

The Supreme Court is set to hear oral argument in the case of Comcast v. Behrend this November. The Court’s decision in that case should further refine the Court’s guidance in Wal-Mart Stores, Inc. v. Dukes about the proper standards for federal courts in reviewing motions for class certification. Recently, a team of appellate and … Continue Reading

Overtime Pay Class Certified Despite Individualized Issues

By Jeanine Conley on May 31, 2012 Posted in Class Certification, Commonality, Predominance, Rule 23 Requirements

Editors’ Note: This blog post is a dual submission to Baker’s Class Action Lawsuit Defense and Employment Class Action blogs. In Cuevas v. Citizens Financial Group Inc., Case No. 10-cv-5582 (E.D.N.Y. May 2, 2012), the plaintiff brought an action on behalf of all Assistant Bank Managers (“ABMs”) who had worked at one of the 230 Citizens … Continue Reading

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

By Darren Crook on April 6, 2012 Posted in Class Certification, Consumer Fraud, RICO

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

By Paul Enockson on April 6, 2012 Posted in Class Certification, ERISA

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

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

By Jeanine Conley on March 30, 2012 Posted in Class Certification

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