Tag Archives: issue certification

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

Supreme Court Denies Cert on Preclusion Issue Post Decertification in Florida Tobacco Case…And Once Again, Decertification Proves to Be a Hollow Victory

By Casie Collignon on December 3, 2012 Posted in Class Certification

Last week, on November 26, 2012, the United States Supreme Court denied cert in one of the thousands of individual cases pending in the aftermath of Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), where the State of Florida took on the tobacco industry. In R.J. Reynolds Tobacco Co. v. Clay, Case … 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

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

By Katayoun Donnelly on February 25, 2012 Posted in Rule 23 Requirements

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