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Standards For Appointing Class Counsel Under Rule 23(g)

Sheinberg v. Sorensen (606 F.3d 130, 2010 U.S. App. LEXIS 10922 [3d Cir. May 28, 2010]) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] explores the relationship between Federal Rule of Civil Procedure Section 23(g), concerning appointment...

Behrend v. Comcast: 3rd Circuit Affirms Class Certification In Antitrust Case

By Louis M. Solomon Our immediately prior posting addressed the issue of how a single case in a multiparty, multidistrict litigation raising industry-wide antitrust claims was plucked out and sent to arbitration. How a plaintiff manages around that result is a question not just of international litigation...

Supreme Court Will Review Class Certification In Comcast Antitrust Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 25 agreed to decide "[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 awarding...

High Court Hears Oral Arguments In Antitrust Class Certification Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 5 heard oral arguments 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...

Ballard Spahr LLP: 3rd Circuit Rejects Class Certification in Yet Another Consumer Case

By Burt M. Rublin and Joel E. Tasca Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged overbilling practices, which implicated differing...

DLA Piper: 11th Circuit Opinion On Ascertainability Will Likely Make It Tougher To Certify Class Of Purchasers Of Small-Dollar Consumer Products

By E. Colin Thompson | A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification. The court held that a plaintiff cannot establish that a class is ascertainable...

Ballard Spahr LLP: 3rd Circuit Clarifies Article III Standing For Absent Class Members, Impact Of Comcast

By Burt Rublin, Michael Carroll, and Casey Watkins In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that so long as any named...

Ballard Spahr LLP: 7th Circuit Rejects 'Heightened Ascertainability' Requirement For Class Actions

By Michael R. Carroll and Burt M. Rublin Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable and administratively...

DLA Piper LLP: 7th Circuit Rejects 3rd Circuit's ‘Heightened’ Ascertainability Analysis

By E. Colin Thompson Critics of the controversial ascertainability requirement for class certification that the Third Circuit has been applying since 2012 are rejoicing after a recent Seventh Circuit Court of Appeals decision that flatly rejects the Third Circuit's approach. The Seventh Circuit...