Editor’s Note: This blog post was originally published on ClassActionBlawg.com and is reprinted with permission. One of the key questions in the aftermath of the Supreme Court’s recent decision in Comcast Corp. v. Behrend is the extent to which damages must be susceptible to classwide calculation in order to justify class certification. In particular, the question is … Continue Reading
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
The Seventh Circuit ruled recently in Espenscheid v. DirectSat USA, LLC, No. 12-1943, 2012 WL 3156326 (7th Cir. Aug. 6, 2012), that a class representative may appeal a class decertification order notwithstanding his havng settled with the defendant. Writing for the Seventh Circuit, Judge Richard Posner held that a settling class representative could maintain standing to … Continue Reading
In Thorogood v. Sears, Roebuck & Co., 2012 WL 1508226 (7th Cir. May 1, 2012), the Seventh Circuit considered the propriety of an All Writs Act injunction in the face of a copy-cat class action for a “near-frivolous” claim. After detailing the abuse of the class action device by the plaintiffs’ lawyers, the Court nevertheless … Continue Reading
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
Posted in Consumer Class Action
