Blog Archives

Third Circuit Ascertainability Rulings Continue to Imperil Low-End Consumer Class Actions

It’s a pattern repeated in millions of households every day:  you go to the grocery or the drug store, buy the items you need, and don’t bother to keep the receipt.  You may throw the receipt away immediately, you may throw

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Extending the Reach of Comcast v. Behrend

This past March, the Supreme Court held that a class may not be certified if its proposed damages model does not adequately limit damages to the alleged wrongful conduct that will be adjudicated before the trial court. In Comcast Corp.

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Sixth Circuit: Maybe Comcast v. Behrend Wasn’t Such a Big Deal After All

As a result of the Supreme Court’s decision last term in Comcast Corp. v. Behrend, many have speculated that courts will be particularly wary of certifying classes without a full examination of the merits of the underlying lawsuit. Comcast, you

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When Incentive Payments to Class Representatives Come With Strings Attached

It is not uncommon for class action settlements to include an “incentive award” for class representatives for their service to the class in bringing the lawsuit. Neither is it uncommon for courts to approve such settlements, so long as the

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Supreme Court Continues to Push the Envelope for Merits Determinations

The Supreme Court’s 5-4 decision last week to overturn the certification of a class of cable television subscribers is extraordinary—not because it continues the Court’s exhortations to lower courts to make merits determinations at the class certification stage, but because

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The Supreme Court’s Amgen Decision: Keeping Merits Inquiries Out of “Fraud on the Market”

While the Supreme Court’s recent jurisprudence has increasingly favored merits inquiries at the class certification stage, there is one area in which the Court has been reluctant to blur the distinction between certification and merits: the “fraud on the market”

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Supreme Court Update: 2013 Could Be a High-Water Mark for Class Action Developments

The 2012-13 Supreme Court term has been a hotbed of class action activity, with the justices set to decide at least half a dozen cases that will directly affect class action litigation. Although none of this term’s decisions is likely

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Seventh Circuit: “Predominance Is a Question of Efficiency”

The question of Rule 23(b)(3) predominance has become an increasingly thorny one for courts ruling on class certification motions, in no small part due to the Supreme Court’s landmark 2011 opinion in Wal-Mart Stores, Inc. v. Dukes. It was thus

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N.H. Court Deals Another Blow to Advertising Class Actions

A recent New Hampshire case provides yet another example of the difficulty of establishing predominance for class certification purposes in advertising/consumer deception cases. This time, the industry is one that is amply familiar with class action jurisprudence: the tobacco industry.

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Pennsylvania Court Decertifies Class in Fiduciary Breach Case Against H & R Block

The Pennsylvania Supreme Court last week upheld the decertification of a class of H&R Block customers challenging the tax preparer’s “Rapid Refund” program as deceptive, holding that the existence of a confidential relationship between H&R Block and each class member—a

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