The following post, written by Shawna English and Laura Lange, was first published on McGuireWoods’s Password Protected blog. We’ve paid a lot of attention this year to how district and circuit courts have applied Spokeo, and welcomed the opportunity … Continue Reading
Many class-action commentators (including this blog) spend much of their time focusing on class action in federal courts: what caselaw controls, what arguments tend to work. They spend far less time on what happens to those defendants who–for one reason … Continue Reading
This week we consider the Sixth Circuit’s take on how Rule 23’s ascertainability requirement overlaps with the different pathways to certification under Rule 23(b), as well as some post-Spokeo dismissals of putative class actions for lack of standing.
Sixth … Continue Reading
This week we take a look at a couple major recent decisions in product-labeling class actions, as well as a close call the Supreme Court will not be deciding this term.
Ninth Circuit Rejects Class Counsel’s Damages Theory, but Leaves … Continue Reading
This week we consider a decision that illustrates how the suitability—or unsuitability—of certain causes of action for certification can render certain defendants more susceptible to class actions than others, as well as a state court’s specific objection to a proposed … Continue Reading