Garrett v. Zon Capital Partners, L.P. , C.
A. No. 5607-CS (Del. Ch., Nov. 10, 2011), read letter ruling here .
Whether a motion for class certification should be
granted pursuant to Court of Chancery Rule 23 in connection with a complaint
that alleges a self-interested transaction...
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 in obtaining discovery, as well as language and...
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...
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." Op. ¶37 & n.34 The case is Lee v. Coastal...
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, to show that the case is susceptible to...
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...
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...
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...
by Robert N. Rapp and Matthew J. Kucharson
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
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...