The Subcommittee believes that drafting a formal ascertainability requirement is too difficult; it should try nonetheless.
Year-end lists are funny things. They take a sort-of arbitrary starting and stopping point, and then they cram a bunch of prejudices into a (usually) arbitrary number of items. And then people take them kind of seriously. But they can … Continue Reading
Cosmetics giant Maybelline markets Superstay 24 lipstick, which is supposed to be more comfortable, withstand heat and humidity, and go 24 hours without needing a transfer. Some customers decided that, despite the advertising, the lipstick did not last a … Continue Reading
Challenges to ascertainability have become noticeably more popular over the last few years. As a result, defendants will sometimes challenge the class definition even though there are deeper problems with the class. As a recent case shows, however, it is … Continue Reading
This week, we get our yearly reminder not to take the humble numerosity requirement for granted. In Spread Enterprises, Inc. v. First Data Merchant Services Corp., No. 11-CV-4743, 2014 U.S. Dist. LEXIS 22972 (E.D.N.Y. Feb. 22, 2014), the named … Continue Reading
This week’s case continues a trend I’ve written about before: more courts are declining to certify class actions where they will not be able to ascertain class membership based on the evidence before them.
2013 did not offer the blockbuster docket in front of the Supreme Court that 2011 did, but that didn’t stop the Court from issuing a number of opinions whose effects will be felt for some time to come. In … Continue Reading
A heavy-metals plant in Alloy, West Virginia provided a foundation for the local economy throughout the 20th century. (Hence the name Alloy.) In the 21st century, it provided the basis for an extensive class action lawsuit–Coleman v. Union Carbide Corp., 2013 … Continue Reading
Judge Posner is often considered to be a pro-defense jurist, particularly in the area of class actions. Lately, he’s been proving himself to be more independent-minded than that. First, he allowed certification of a washing machine class, justifying certification despite … Continue Reading
Gabriel Carrera, along with many others like him, bought Bayer’s One-A-Day WeightSmart diet supplement. Apparently, he didn’t lose the weight he wanted, because he filed a class action alleging that Bayer had fraudulently claimed that the supplement’s use of epigallocetechin … Continue Reading