Sometimes class certification hinges on an opinion reached by a single expert. A recent decision by the United States District Court for the Northern District of Illinois in Series 17-03-615 v. Express Scripts, Inc., No. 3:20-CV-50056, 2024 WL 1834311 (N.D. Ill. Apr. 26, 2024), provides a cautionary tale for plaintiffs, […]
In 2020, the Eleventh Circuit broke ranks with decades of precedent from nearly every federal circuit by holding that incentive awards in class action litigation are violative of 19th century precedent from the United States Supreme Court. Although the Supreme Court denied a request to review the Eleventh Circuit’s ruling, […]
In Dewalt v. Hooks, 2022-NCSC-105, 879 S.E.2d 179, the North Carolina Supreme Court recently illustrated the difficulty in finding commonality between several fact-specific Constitutional claims for the purposes of certifying a class. The Supreme Court relied primarily on the U.S. Supreme Court’s holding in Wal-Mart Stores, Inc. v. Dukes, 564 […]
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 […]
