In last fall’s television sensation, Squid Game, unwilling participants in a gruesome game show compete in a series of deceptively simple challenges where one wrong move can have lethal consequences. The penultimate challenge is to cross a bridge made up of pairs of glass panes. In each pair, one pane […]
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 […]
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 […]