As marketing guru Seth Godin has put it frequently, we live in an attention economy. Most of us are busy people, and getting unwanted interruptions can be a huge hassle. That is one reason why class actions against blast-faxers and robo-callers have such appeal; they seem like the ideal way to punish people who
commonality
More on Fail-Safe Classes and Structural Flaws- Northside Chiropractic Inc. v. Yellowbook, Inc.
By The Editors on
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…
Class Action Summer Camp – Commonality & Predominance
By The Editors on
Posted in Certification
Commonality (Rule 23(a)(2)) and predominance (one half of Rule 23(b)(3)) are often considered the heart of the class action certification inquiry. Rightly so, for they both strike at the real question a judge must ask: do the class members have enough in common to justify binding them all together in a single case? Through the…
Is the New Group Action Bill Cause for Concern?
By The Editors on
Posted in Strategy
Last week, Senator Al Franken (D-Minn) proposed a bill that would partially reverse the Supreme Court’s opinion in Wal-Mart Stores, Inc. v. Dukes.
According to Senator Franken’s press release, the Equal Opportunity Employment Restoration Act (good title) would add a section 4201 to 28 U.S.C.:
Section 4201(a) creates a new judicial
…
The New Normal in Class Action Defense – Khalif L. v. City of Union City
By The Editors on
Posted in Certification
Today’s case is interesting in no small part because it shows just how far class-action arguments have come in the last 18 months. In the latter half of 2010, most defendants faced with a class action would look primarily at adequacy (are the named plaintiffs good representatives?), typicality (do the named plaintiffs have the same…
Klonoff on Class Action Decline – The Good, the Bad, and the Ugly
By The Editors on
Posted in Certification, Scholarship
Robert Klonoff, Dean of the Lewis & Clark Law School, has produced a new article, The Decline of Class Actions (forthcoming from the Washington University Law Review), that provides a much-appreciated overview of recent developments in class action law from a plaintiff’s perspective. (Disclosure: Dean Klonoff provided a very nice blurb for…
Spherical Cows, Can Openers, and Classwide Injury
By The Editors on
Posted in Certification
There’s an old joke about a physicist asked to help increase milk production at a dairy farm. He begins by assuming a spherical cow.
There’s another old joke about a group of academics stranded on a desert island with a can of food. As they try to figure out how to get the food…
Cohesiveness and Commonality – MD v Perry
By The Editors on
Posted in Certification
In the wake of Wal-Mart Stores, Inc. v. Dukes, plaintiffs and trial courts are still trying to determine exactly how to apply the clarified commonality standard of Rule 23(a)(2), and the standard for injunctive relief under Rule 23(b)(2). The good news for defendants, as demonstrated in the new case M.D. v. Perry, 2012…
More on Commonality – Jamie S. v. Milwaukee Public Schools
By The Editors on
Posted in Certification
Six months after the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, courts are still working out how best to apply the newly-clarified standard of commonality. This week, the Seventh Circuit offered some further guidance.
In Jamie S. v. Milwaukee Public Schools, the plaintiffs–seven disabled public-school students–challenged Milwaukee’s implementation of the Individuals with…
Framing the Certification Opposition – Ross v. RBS Citizens NA
By The Editors on
Posted in Certification
Today’s case is a perfect illustration of the difference between tactics and strategy, or, more accurately, between litigation strategy and litigation grand strategy. As you may remember, a tactic is a plan to accomplish a specific short-term goal within a larger conflict. (A defendant may have the strategy of defeating certification to minimize litigation…