Recent Posts

Certifying Settlement Class Actions
Posted on 16 Jul 2012 by William A.S. Magrath

Excerpt: In its much anticipated en banc opinion in Sullivan v. DB Investments, Inc. , the Third Circuit affirmed the District Court's certification of two settlement classes of diamond purchasers over objections that the settlement failed to satisfy... Read More

Tailors And Class Actions
Posted on 10 Oct 2012 by Mack Sperling

If you think that tailors have nothing to do with class actions, you are wrong. Judge Jolly denied a motion for class certification last week because the proposed class was not "tailored" as was "practicable under the circumstances."... Read More

U.S. Supreme Court Vacates Moldy Washer Ruling In Light of Comcast v. Behrend
Posted on 3 Jun 2013 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 3 granted a petition for writ of certiorari in the appeal of a Seventh Circuit U.S. Court of Appeals decision to overturn denial of class certification in a suit over mold growth in certain... Read More

U.S. Supreme Court Tightens Requirement for Proof of Class-Wide Damages as a Condition to Class Action Certification (Comcast v. Behrend)
Posted on 18 Jun 2013 by Corporate and Securities Law Community Staff

by Robert N. Rapp and Matthew J. Kucharson Excerpt: In a 5-4 decision rendered on March 27, 2013, in Comcast Corp. v. Behrend , 2013 U.S. LEXIS 2544 [ an enhanced version of this opinion is available to subscribers ], the United States... Read More

Can an NC Superior Court Judge Modify Another Judge's Class Certification Order?
Posted on 5 Oct 2015 by Mack Sperling

Is the certification of a class by an NC state court set in stone or can it be modified during the course of the litigation? The federal rule vs. the state rule There is a difference between the federal rule governing class actions ( FRCP 23 ) and... Read More

Delaware Court of Chancery Certifies Class Action Alleging Self-Interested Conversion from LP to LLC
Posted on 14 Nov 2011 by Francis G.X. Pileggi

Garrett v. Zon Capital Partners, L.P. , C. A. No. 5607-CS (Del. Ch., Nov. 10, 2011), read letter ruling here . Issue Addressed: Whether a motion for class certification should be granted pursuant to Court of Chancery Rule 23 in connection with... Read More

High Court Hears Oral Arguments In Antitrust Class Certification Case
Posted on 6 Nov 2012 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court heard oral arguments Nov. 5 on "[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony... Read More

High Court: Class Certification in Antitrust Case Was Improper
Posted on 27 Mar 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including... Read More

Class Certification Denied in Securities Suit Against U.S.-Listed Chinese Company
Posted on 24 May 2012 by Kevin M. LaCroix

During 2010 and 2011, a number of securities class action lawsuits were filed against U.S.-listed Chinese companies. Plaintiffs' lawyers seemed eager to pursue these cases despite likely procedural and practical challenges such as likely difficulties... Read More

Comcast v. Behrend Sets a Higher Bar for Class Certification
Posted on 2 Apr 2013 by Sheppard, Mullin, Richter & Hampton LLP

by Jennifer Driscoll-Chippendale On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend , 569 U.S. ___ (2013) [ subscribers may... Read More