Tag Archives: rule 23

Third Circuit Smacks Down Class Action Settlement in Google Cookie Placement Litigation

Photo of Sammantha TillotsonBy David M. McMillan and Sammantha Tillotson on Posted in Class Actions Privacy
In a refreshingly plain-spoken opinion issued Aug. 6, a three-judge panel of the Third Circuit Court of Appeals criticized a multimillion-dollar class action settlement in litigation over Google’s unauthorized use of internet tracking “cookies,” remanding to the District Court for more detailed findings of fact. In re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. … Continue Reading

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

Photo of Bill DeVinneyBy Bill DeVinney on Posted in Class Certification
Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23. The Supreme Court has repeatedly held that trial courts must look beyond the pleadings and conduct a searching inquiry to … Continue Reading

Judge Kavanaugh’s Limited Class-Action Jurisprudence Reveals a Healthy Skepticism for Class Actions

Photo of BakerHostetlerBy BakerHostetler on Posted in Rule 23(b)(2) Class Actions, Supreme Court
By: Robert J. Tucker and Katherine R. Johnston* Judge Kavanaugh has had very few occasions to address the procedural mechanism of Rule 23. This is not surprising given that few class-action cases end up in the D.C. Circuit. But where he has, Judge Kavanaugh’s commentary suggests that he may be mindful of the realities and … Continue Reading

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

Photo of Andrew SerraoBy Andrew Serrao on Posted in Class Certification
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?

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

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

Photo of John LewisBy John Lewis on Posted in Class Certification, Class Definition, 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

By Guest Blogger on Posted in Events
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

Photo of Casie CollignonBy Casie Collignon on Posted in Class Action Trends, Class Certification, Class Definition, Equitable Relief, Rule 23 Requirements, Rule 23(b)(2) Class Actions
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)

By Deborah Renner on Posted in Civil Procedure, Class Action Trends, Erie Doctrine
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?

Photo of Casie CollignonBy Casie Collignon on Posted in Colorado, Rule 23 Requirements, State Class Action Law
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
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