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 […]
In Lyngaas v. Ag, 992 F.3d 412 (6th Cir. 2021), the Sixth Circuit held that evidence supporting class certification need not be admissible at the class certification stage, widening the circuit split on this issue. Notably, the Sixth Circuit did not expressly address whether its ruling applied to expert testimony—the […]
