Tag Archives: rule 23

Game Over: Supreme Court Unanimously Rejects Xbox Plaintiffs’ Attempt to Create Appellate Review

In April, we reported on the oral argument in Microsoft Corp. v. Baker, a Supreme Court case addressing whether putative class members may obtain appellate review of orders denying class certification by voluntarily dismissing their individual claims with prejudice. Recently, the Supreme Court gave its unanimous answer: no. See Microsoft Corp. v. Baker, 137 S. … Continue Reading

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

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

Stammco, L.L.C. v. United Tel. Co. of Ohio, Addressing Rule 23 Requirements for Class Certification in Ohio

Editors’ Note:  This article was originally posted on Baker’s Employment Class Action blog. After eight years and two visits, the Ohio Supreme Court has issued an opinion that not only addresses key developments in federal class action jurisprudence, but also decided the underlying class certification question.  The resulting opinion will have a major impact on Ohio … Continue Reading

Renner to Speak at Strafford Web Seminar

Class Action Lawsuit Defense co-editor, Deborah Renner, will be speaking in an upcoming Strafford live phone/web seminar, “Limits of Class Representation Prior to Class Counsel Appointment,” scheduled for Tuesday, December 18, 1:00pm-2:30PM EST. For more information and to register > or call 1-800-926-7926 ext. 10 (ask for Class Representation Pre-Class Counsel Appointment on 12/18/12 and mention code: ZDFCT). … Continue Reading

Wal-Mart Sex Discrimination Plaintiffs Get a Second Bite at a Smaller Apple

Last year, the Supreme Court ruled in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), that five named plaintiffs alleging nationwide sex discrimination class action claims did not satisfy Rule 23(a)’s commonality requirement and could not bring class claims for monetary relief under Rule 23(b)(2). In October of last year, the plaintiffs filed a … Continue Reading

Interview With Professor Mary Kay Kane (Part III)

Editor’s note:  This is the final post in a series of posts from the Class Action Lawsuit Defense Blog’s interview with Mary Kay Kane, former Dean and Chancellor and current Emeritus Professor of Law at the University of California’s Hastings College of the Law. Professor Kane is the author of the Nutshell on Civil Procedure, … 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
LexBlog