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Category: Class Certification

August 22, 2023 Ty Jameson
Posted in  Class Action Basics Class Certification

Eleventh Circuit Decision Narrowing Certification of Ford Mustang Class Shows How Predominance and Superiority Can Defeat Consumer Fraud Class Actions

A recent decision from the Eleventh Circuit involving allegations of fraud in Ford’s marketing of Shelby Mustangs highlights how Rule 23(b)(3)’s predominance and superiority requirements can defeat class certification in cases where reliance is an element of the plaintiffs’ claims. Cases such as this one illustrate why the necessity of […]

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May 30, 2023 Michelle A. Liguori
Posted in  Class Certification Daubert and Admissibility at Class Certification Pick-Off Exception Standing

Recent Fourth Circuit Class-Certification Decisions Shed Light on Mootness, Standing, and Evidentiary Burden at Class Certification

Over the past year, the Fourth Circuit has issued three decisions on class certification—all of which either affirmed certification or reversed and remanded to the district court to rule on certification. The opinions show the Fourth Circuit applying key principles in class-action practice, including mootness and the relation-back exception, standing […]

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