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Certifying Settlement Class Actions

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 the requirements of Rule 23. Sullivan v. DB...

High Court: Class Certification in Antitrust Case Was Improper

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 expert testimony, to show that the case is...

Comcast v. Behrend Sets a Higher Bar for Class Certification

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) [lexis.com subscribers may access the opinion] . At issue was whether the proponents...

U.S. Supreme Court Vacates Moldy Washer Ruling In Light of Comcast v. Behrend

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 front-loading automatic washers and remanded...

U.S. Supreme Court Tightens Requirement for Proof of Class-Wide Damages as a Condition to Class Action Certification (Comcast v. Behrend)

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 lexis.com subscribers ], the United States Supreme Court restricted the ability of individuals...

Can an NC Superior Court Judge Modify Another Judge's Class Certification Order?

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 the North Carolina equivalent ( NCRCP 23 ). The...