Earlier today, I had the distinct pleasure of presenting at the CLE International Class Action conference in Los Angeles with an old friend of mine, plaintiff’s lawyer Garrett Wotkyns of Schneider Wallace. The topic was The Gauntlet: Early Challenges to Class Certification, which regular readers will know is a topic near and dear to
summary judgment
What Makes a Common Question Common?
By The Editors on
Posted in Certification
All too often, courts and class-action litigants take the question of commonality for granted. But, when framed properly, the question of commonality can provide a court with the tools necessary to engage in a truly rigorous analysis of a proposed class.
In his recent essay "Common Answers for Class Certification," noted professor…
Early Intelligence on Case Merits – The Preliminary Judgment
By The Editors on
Geoffrey Miller is one of the few law professors out there who consistently investigates real empirical questions about class actions. He’s published on the role of objectors in class-action settlements, the use of non-pecuniary relief, and even the effect of judicial review on settlement rates. So when Miller comes out with a policy proposal–as he…
Challenging Survey Evidence – DeKoven v Plaza Assocs.
By The Editors on
Posted in Motions Practice
Certain kinds of class actions – those predicated on technical violations of a federal statute like the Fair Debt Collection Practices Act (“FDCPA”) – provide a steady revenue stream for some plaintiffs’ lawyers, while plaguing some defendants. It can be difficult to oppose certification of these suits, because technical statutory violations may not be associated…