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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: Comcast Corp. v. Behrend

Predominance & Rigorous Analysis – Parko v. Shell Oil Co.

Posted in Certification

 Judge Richard Posner has always been an independent thinker, something he has proven in the last year as, despite his economically conservative credentials (which would lead one to presume a possible defense bias), he authored a number of arguably pro-plaintiff class certification opinions, particularly his twin opinions in the controversial case Butler v. Sears Roebuck… Continue Reading

What Happens to a Reversed Class Action?

Posted in Strategy

This week, we ask the question: what happens to a class action after the defendants win an appeal? The case posing this question is Glaberson v. Comcast Corp., No. 03-6604, 2013 U.S. Dist. LEXIS 160892 (E.D. Pa. Nov. 12, 2013). And the facts should be familiar: Glaberson is the current name for the case the… Continue Reading

Overreaching, Underreaching, and the Supreme Court

Posted in Scholarship

 In the past few years, Professor Mark Moller of DePaul University Law School has proven to be one of the most thoughtful critics of modern class action law in the legal academy. While most commentators take on class action decisions from either a pro-plaintiff or pro-defendant standpoint, Professor Moller appears intent on evaluating these opinions according… Continue Reading

Are Uninjured Class Members Under-Compensated?

Posted in Certification

Despite the warnings, Wal-Mart Stores, Inc. v. Dukes did not herald the end of the class action, or even class action scholarship. Indeed, new debates have risen in its wake. One of the most interesting is what to do about classes where large numbers of class members might not have suffered any injury. Courts do… Continue Reading

New signs of life for the predominance standard

Posted in Certification

 It’s a busy week for me, so here’s just a brief rundown of two opinions vacated and remanded from the US Supreme Court: RBS Citizens NA v. Ross (7th Cir. 2012). (More here.)  The Seventh Circuit affirmed certification of a wage-and-hour case, despite what it conceded was a less-than-optimal order certifying the class. RBS appealed… Continue Reading

At Argument, Supreme Court Struggles with Fact-Finding

Posted in Certification

On Monday, the Supreme Court heard arguments in two different class actions, united by a common problem. The first, Comcast Corp. v. Behrend, asked whether a trial court should hold plaintiffs to the Daubert standard for expert testimony at class certification, a question that has divided federal circuits for several years. Due in part to… Continue Reading