As the calendar approaches the middle of the year, it is a good time to review the Fourth Circuit’s recent class-action decisions—and there have been a number of them. These opinions offer guidance on five key topics in class-action litigation, including numerosity, ascertainability, commonality, the rights and burdens of objectors, […]
Much like COVID-19 itself, a pandemic of class-action litigation has spread across this nation between two age-old foes: prisons, and their prisoners. Unlike most of the litigation arising from COVID-19 across the country, prisoners are taking a unique legal position: the failure of the government to take precautions against COVID-19 […]
In its recent decision in In re Citizens Bank, N.A., 15 F.4th 607, 611 (3d Cir. 2021), the Third Circuit provided important guidance on the relationship between the opt-in collective action mechanism of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), and the opt-out class action mechanism of Rule […]
Class-action litigation is rife with obvious hazards such as potentially huge exposure and unique procedural rules. Class actions are also riddled with hidden traps: lesser-known rules and evolving doctrines that can trip up the unsuspecting attorney. We point out some traps so that you can leap over, run around, and/or […]