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 […]
District courts typically grant or deny class certification on a claim-by-claim basis. If a plaintiff can’t meet the Rule 23 requirements for a particular claim, then class certification is denied. See Fed. R. Civ. P. 23(a)–(b). Once in a while, however, district courts will certify a class on an element […]
On June 25, 2021, a divided Supreme Court issued an important decision regarding Article III standing in TransUnion LLC v. Ramirez, 141 S.Ct. 2190 (2021). In TransUnion, a 5-4 Court found that 6,332 members of an 8,185-member plaintiff class did not suffer a “concrete injury” from TransUnion’s violation of the […]
In Prantil v. Arkema, the Fifth Circuit joined three other Circuits in holding that scientific evidence offered in relation to certification of a class must meet the Daubert standard of reliability.[1] While the court became the fourth federal Court of Appeals to endorse such an approach, a circuit split on […]
