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

Tag Archives: property

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

The Difficulty in Certifying Property-Based Cases – Burdette v. Vigindustries, Inc.

Posted in Certification

There’s an intuition among defense lawyers that property-based cases are difficult to certify; not impossible, but certainly difficult. This week’s case, Burdette v. Vigindustries, Inc., 2012 U.S. Dist. LEXIS 15412 (D. Kan. Feb. 8, 2012), offers several reasons why that is the case. Burdette is a case about sinkholes. It involves a neighborhood in Hutchinson,… Continue Reading