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

Tag Archives: typicality

Typicality Applies to Relief, Too – Ubaldi v. SLM Corp.

Posted in Certification

In Ubaldi v. SLM Corp., No. 11-01320, 2014 U.S. Dist. LEXIS 38587 (N.D. Cal. Mar. 24, 2014), the plaintiffs sued student-loan institution Sallie Mae for allegedly imposing unenforceable choice-of-law provisions on some of its borrowers, as well as charging improper late fees and "usurious" interest. The trial court denied certification on a number of grounds, including… Continue Reading

The typicality burden – Henke v. Arco Midcon, L.L.C.

Posted in Certification

Class action lawyers are well aware that the burden to affirmatively demonstrate compliance with Rule 23 rests on the plaintiffs. Over the years, courts have elaborated somewhat on the burdens plaintiffs must meet for numerosity and commonality, but have remained somewhat vaguer when it comes to typicality. Last week, a trial court in the Eastern District… Continue Reading

Individual Investors in Securities Class Actions

Posted in Certification

 It turns out that Elizabeth Chamblee Burch is not the only law professor currently worried about adequacy in securities class actions. Boston University law professor David H. Webber has an article in the Northwestern University Law Review on The Plight of the Individual Investor in Securities Class Actions. While Professor Burch was concerned with whether or not institutional… 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

Class Action Summer Camp – Typicality

Posted in Discovery

Typicality tends to be a useful, if not always used, way of framing various class action issues. Its primary purpose is to ensure that the class action is really a representative lawsuit rather than just an individual case with pretensions. Given the rulings on typicality so far, it’s worth asking how defendants might argue it… Continue Reading

The Uses of the Named Plaintiff Deposition II – Burns v. Bayer Corp. (S.D. Ill. 2012)

Posted in Discovery

 I’ve written before about the uses to which defense counsel can put a well-taken named plaintiff deposition. And, once again, an opinion has come along that showcases just how important the named plaintiff deposition is as a weapon to defeat class certification. The case, Burns v. Bayer Corp., 2012 U.S. Dist. LEXIS 33183 (S.D. Ill…. Continue Reading

The Maturing Motion to Strike Class Allegations

Posted in Motions Practice

Last week, the Sixth Circuit affirmed a trial court’s decision striking class allegations where a proposed nationwide class would necessarily invoke the laws of fifty different jurisdictions. (Russell Jackson has an excellent writeup of the opinion here.) There is no question the opinion is a useful one for defendants. And, since it’s the first appellate… Continue Reading

Classic Cases – General Telephone Company of the Southwest v. Falcon

Posted in Certification

In July 1969, General Telephone Company of the Southwest hired Mariano Falcon, a Mexican-American, as part of minority recruitment effort. Falcon maintained a good employment record until, “[i]n October 1972 he applied for the job of field inspector; his application was denied even though the promotion was granted several white employees with less seniority.” Dissatisfied… Continue Reading