Earlier this month, I wrote about the class-action provisions of the new Fairness in Class Action Litigation Act, which has passed out of the Judiciary Committee and is headed for a floor vote in the House. At the end … 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