Posts in Civil Rule 23 Requirements.

Nowhere is the COVID-19 virus mutating more quickly than in the cozy confines of class action litigation. From business interruption, to gym memberships, to disappointed Airbnb hosts, more and more Americans are turning to Rule 23 to recover losses that are as unprecedented as they were unpredictable.

The halls of higher education have not been ...

Third Circuit Rules That Rule 23 Ascertainability Element Requires Proof and Rigorous Analysis

Class Certification Denied Under Rules 23(a)(2) and 23(b)(3) Where Individualized Inquiries Were Required for Car Dealers’ Claims

Fax Class Has a Blast, Still Standing

The class plaintiff “pick off”: Timing is everything

Certification denied in junk faxes class action

California district judge denies plaintiff's motion for class certification against Google for failing to meet the predominance requirement of Rule 23(b)(3)

Ninth Circuit finds employee statutory claims cannot be removed under CAFA

Stammco: A Primer on the New Era of the Ohio Class Action

Ohio Supreme Court Reverses Class Certification

Stammco Defendants Respond to Motion for Reconsideration

A case discussion involving class certification denial on the basis of lack of commonality among class members.

Stammco Plaintiffs File a Motion for Reconsideration of the Ohio Supreme Court’s Decertification Order

Sixth Circuit Reaffirms Class Certification in Whirlpool Washing Machine Case

The Supreme Court of Ohio Rules in <i>Stammco v. United Telephone Company of Ohio</i> that Trial Courts Must Conduct a Rigorous Analysis to Ensure Civil Rule 23 Perquisites are Satisfied
Second Circuit rules that equitable tolling principles do not apply to the statute of repose under the Securities Act
Google Books class certification decision vacated and remanded for consideration of Google’s fair use defense
Sixth Circuit affirms denial of class certification in Davis v. Cintas Corp.
Ohio Supreme Court Hears Oral Argument in State Farm Class Action
Lack of Injury Sinks Class Over Tainted Water Supply
Class Counsel Files Brief Opposing Certiorari in Whirlpool Class Action
U.S. Supreme Court Considers Petition for Certiorari in the Sixth Circuit’s Class Certification Decision in Whirlpool v. Glazer
On August 14, 2012, appellants United Telephone Company of Ohio (UTO) and Sprint filed their merit brief in Stammco v. United Tel. Co. of Ohio, Ohio Supreme Court Case No. 2012-0169. 

As discussed in a prior article, the Ohio Supreme Court recently considered four jurisdictional memoranda raising fundamental challenges to class action law in Ohio.  The Court has now made its jurisdictional decisions in each case.

Will the Ohio Supreme Court visit aisle 23 at Wal-Mart?
Certification battle in Ohio MERS class action heats up

Much has been already said about the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011).  In this article, we provide a discussion of the recent case of Ham v. Swift Transp. Co., Inc., 275 F.R.D. 475 (W.D. Tenn. 2011), which illustrates that the precepts of Wal-Mart do not impede certification of classes under ...

Sixth Circuit Affirms Decision Striking Class Allegations in Challenge to Health Care Discount Program, Calling Class Treatment Inefficient, Unworkable, and Inconsistent with Rule 23

On October 26, 2011, Defendants-Appellants filed a Rule 23(f) Petition seeking immediate leave to appeal the District Court's October 13, 2011 Order granting in part Plaintiff-Appellee's motion for class certification. 

An analysis of the first case from the Sixth Circuit to expressly address the fail-safe class, which is defined as a class that requires a decision on the merits of a claim in order to determine who is within the class.

Discussion of a New York District Court decision that provides analysis of a consumer class action claim and the question of commonality.

The 6th Circuit Court of Appeals reversed an order certifying a class of hundreds of multi-employer trust funds asserting fiduciary claims arising under the Employee Retirement Income Security Act.

Search this Blog

Media Contact

Key Authors

Recent Posts

Jump to Page

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.