JD Supra

First Circuit Restricts Class Certification of Classes Containing Uninjured Persons

In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what ...
JD Supra

Fifth Circuit Affirms Striking of Class Allegations

On January 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision to strike class allegations after only limited discovery. In this case, Elson v. Black, No.
The National Law Review

First Circuit Rejects Class Action Settlement Based on Potential Intra-class Conflict, But Approves Named Plaintiff Incentive Awards

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

Tenth Circuit Adopts Ascertainability Test and Clarifies Class Action Requirements

In Cline v. Sunoco, Inc. R&M, the U.S. Court of Appeals for the Tenth Circuit largely affirmed the federal district court’s rulings certifying a class and awarding damages, and in the process, adopted ...
Law

Sixth Circuit Creates Circuit Split on Insurance Valuation Class Action Certification

The Sixth Circuit concluded a federal judge for the Western District of Tennessee did not abuse its discretion when it certified the class. However, the Third, Fourth, Seventh and Ninth circuits this ...