Tag Archives: predominance

No Need To Try the Individual Claim After Class Cert Denial – Ninth Circuit Asserts Jurisdiction over Voluntary Stipulated Dismissal and Upholds Denial of Class Certification

Photo of Casie CollignonBy Casie Collignon and Aaron Thompson on Posted in Class Certification, Consumer Class Action, Predominance, Rule 23 Requirements
The Ninth Circuit recently affirmed the United States District Court for the Central District of California’s denial of class certification of a Plaintiff’s California consumer law claims based primarily based on the predominance of individualized issues. Case No. 11-55592 (9th Cir. Feb. 3, 2014). Notably, the Ninth Circuit also determined that it had jurisdiction to … Continue Reading

Will Moldy Washing Machines Save the Consumer Class Action from Extinction?

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Consumer Class Action
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

Sixth Circuit Reaffirms Certification of Defective Washing Machine Class on Remand From Supreme Court

Photo of Mark JohnsonBy Mark Johnson on Posted in Class Action Trends, Class Certification, Commonality, Predominance, Typicality
Co-author: Rand McClellan Editors’ Note:  This post is also a Baker Class Action Alert. In a closely watched decision after remand by the Supreme Court, on July 18, 2013, the Sixth Circuit Court of Appeals upheld for a second time the class certification order in In re Whirlpool Front-Loading Washer Prods. Liab. Litig. (“Whirlpool II”) … Continue Reading

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes’ Standards for Class Certification but Leaves the Question of Daubert for Another Day

Photo of Casie CollignonBy Casie Collignon on Posted in Antitrust, Class Certification, Expert Testimony, Predominance, Rule 23 Requirements
Co-authored by: John B. Lewis, Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, and Rodger L. Eckelberry Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team, Employment Team, and BakerHostetler’s Class Action Team. On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case … Continue Reading

Comcast v. Behrend: Supreme Court Tightens Certification Requirements, But Leaves Standard For Expert Evidence Uncertain

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in Antitrust, Class Certification, Predominance, Rule 23 Requirements
On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects.  First, Behrend requires plaintiffs to show a method by which class-wide damages can be commonly calculated in Rule 23(b)(3) antitrust class actions.  Second, the decision confirmed that the Court’s “rigorous analysis” … Continue Reading

A Big Week for the Securities Bar: Amgen and Gabelli

By Deborah Renner on Posted in Class Certification, Commonality, Injunctions, Practice Pointers, Predominance, Securities
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

Materiality Can Wait, Says the Supreme Court in Amgen

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Class Certification, Securities
The following post is reprinted with permission from Paul Karlsgodt’s blog, www.classactionblawg.com.  Stay tuned over the coming days for more in-depth analysis of the Amgen decision and its potential implications for securities class actions and class actions more generally. The Supreme Court has issued its opinion in one of the most highly anticipated class action-related cases on … Continue Reading

Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois

By Raj Chohan on Posted in Adequacy of Representation, Consumer Fraud, Injunctions, Predominance, Rule 23 Requirements, Rule 23(b)(2) Class Actions
Class action defense practitioners routinely face uphill battles on the issue of individualized defenses for class members. However, these arguments should not be overlooked as tools to defeat class certification. Lipton v. Chattem, Inc., No. 11 C 2952, 2013 WL 489147 (N.D. Il. Feb. 8, 2013), a recent case out of the Northern District of … Continue Reading

Class Certification Denied In Recent Consumer Products False Advertising Cases

By Nicole Skolout on Posted in Class Certification, Commonality, Rule 23 Requirements, Superiority, Typicality
In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products.  These decisions could prove helpful in opposing class certification in other false advertising cases.  Significantly, the courts in both Chow and In re Celexa & Lexapro read exposure/causation … Continue Reading

Seventh Circuit Certifies Washing Machine Class Action on Efficiency Grounds

By Matthew J. Moody on 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

Third Circuit Vacates Certification in Run-Flat Tires Case

By Deborah Renner on Posted in Class Action Trends, Class Certification, Numerosity, Predominance, Rule 23 Requirements
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

Recent Louisiana Jurisprudence

By Brett Wall on Posted in Class Certification, Expert Testimony, Louisiana, Predominance, State Class Action Law
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

Decision in Google Copyright Infringement Case Highlights Key Issues in Associational Standing and Adequacy in Class Certification

By Brett Wall on Posted in Associational Standing, Class Certification
Co-authored by Amanda Karp A recent decision by the United States District Court for the Southern District of New York highlights two key concepts in representative litigation: (1) associational standing to bring a representative action; and (2) the propriety of class certification when class members’ interests may be in conflict with one another. Case Summary … Continue Reading

Overtime Pay Class Certified Despite Individualized Issues

By Jeanine Conley on 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

Trial By Formula, Statistical Sampling, and the Right to Due Process

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Class Certification, Expert Testimony
A common temptation in class action litigation is to fashion procedures based on “rough justice” to avoid overburdening the courts or attempting to redress alleged mass harm.  Over the past decade, as storage and computing power have increased exponentially, it has become increasingly tempting to use statistical sampling as a proxy for the actual adjudication of … Continue Reading

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

Photo of Darren CrookBy Darren Crook on 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

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

Photo of Jessie M. GabrielBy Jessie M. Gabriel on Posted in Class Action Trends, Class Certification, Predominance, Securities
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

By Jeanine Conley on 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

Daubert in the Seventh Circuit After Wal-Mart

By Brett Wall on Posted in Expert Testimony
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
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