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

Tag Archives: commonality

When Ascertainability Is Just the Symptom

Posted in Certification

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 usually worth probing deeper than the definition in one’s arguments. Steimel v. Minott, No. 1:13-cv-957-JMS-MJD,… 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

The Importance of Documenting Alleged Fraud – Wiedenbeck v. Cinergy Health, Inc

Posted in Certification

 After watching an infomercial, Harry Wiedenbeck bought a "comprehensive" medical health insurance plan for himself and his wife. When the insurer subsequently denied a claim based on his wife’s hospitalization, Mr. Wiedenbeck filed a class action alleging fraud and bad faith on behalf of all Wisconsin residents who had bought the plan. The subsequent case,… Continue Reading

Rodriguez v. National City Bank

Posted in Settlement

A group of Hispanic and African-American borrowers sued the National City Bank, alleging that its "Discretionary Pricing Policy" for home mortgages had resulted in higher borrowing costs for racial minorities. During discovery, the parties engaged in a mediation and reached a $7 million settlement, which a trial court in the Eastern District of Pennsylvania preliminarily… Continue Reading

Real Property is a Real Problem for Class Actions -Onyx Props. LLC v. Bd. Cty. Comm’ners of Elbert Cty

Posted in Certification

Property-rights class actions are difficult to bring, because property tends to be unique, and class actions do not work well with unique claims. But that doesn’t stop plaintiffs from trying to certify classes asserting property based claims. This week’s case–Onyx Props. LLC v. Bd. Cty. Comm’ners of Elbert Cty., 2013 U.S. Dist. LEXIS 7151 (D…. Continue Reading

More on Fail-Safe Classes and Structural Flaws- Northside Chiropractic Inc. v. Yellowbook, Inc.

Posted in Certification

Northside Chiropractic doctor Michael Dubick made the mistake of–after a cold call from salesmen–buying advertising space in Yellowbook. He negotiated for a certain kind of advertisement, but the published ad looked nothing like what he had asked for, and lacked even basic information about his business (like his name). So he sued, and added class… Continue Reading