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Nov 14

Comcast Plaintiffs Try For Class Certification Again

Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), was one of the most important recent class certification opinions of the United States Supreme Court.  Comcast established that before a class can be certified under Fed. R. Civ. P. 23(b)(3), a plaintiff’s damages model must survive… Read More

Nov 11

Canada Allows Antitrust Indirect-Purchaser Suits and Loosens Class Certification Tests

Canada’s Supreme Court, in three decisions announced on October 31, parted ways with the U.S. Supreme Court on antitrust indirect-purchaser suits and the standards for class certification.  Under these decisions, Canadian consumers who buy from a store or dealer can sue an upstream manufacturer for… Read More

Oct 21

Third Circuit Rules that Plaintiff Cannot Obtain Review of FLSA Decertification Order by Voluntarily Dismissing Case

In a case of first impression, the Third Circuit has ruled that plaintiffs in Fair Labor Standards Act collective actions may not, after a district court decertifies a collective-action class, obtain appellate review of the decertification order by voluntarily dismissing their claims with prejudice and… Read More

Oct 10

Third Circuit Rulings Tighten Ascertainability and Numerosity Requirements Under Rule 23

Three recent class certification decisions from the Third Circuit have tightened the ascertainability and numerosity requirements under Rule 23. The key takeaways: 1. Plaintiff must offer an administratively feasible way of determining class membership.  If doing so would require the district court to engage in… Read More

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