A Texas federal court recently denied class certification to a group of cell phone customers who alleged they were sold defective models. See Shane Ga
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Court of Appeals Affirms Rejection of Unascertainable Class
By Sean Wajert on
The 11th Circuit earlier this month upheld a district court’s rejection of a proposed class action, relying on the ascertainability doctrine. See Karh…
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Federal Court Denies Certification in Groundwater Class Case
By Sean Wajert on
A federal judge in Oklahoma earlier this week denied class certification to homeowners living near a research facility, holding that individual issues…
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Plaintiff Cannot Broaden Class After Certification Hearing
By Sean Wajert on
Posted in Articles, Class Action
A not uncommon tactic in class actions is for plaintiffs to propose one class definition to obtain certification (one minimizing individual issues) an…
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Meal Break Class Certification Denied
By Sean Wajert on
Posted in Articles, Class Action
A California appeals court refused last week to revive a putative class action that alleged the defendant employer had not given employees adequate me…
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Class Discovery Sufficient for Merits Summary Judgment
By Sean Wajert on
Readers know that courts will sometimes, perhaps often, bifurcate discovery in a proposed class action between the discovery needed to assess certific…
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Juice Class Decertified at Close of Discovery
By Sean Wajert on
A federal court recently decertified a class action filed on behalf of juice buyers, recognizing the grave ascertainability problems in the case alleg…
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Rare Class Decision Describing Adequacy Prong
By Sean Wajert on
Posted in Articles, Class Action
The adequacy prong of Rule 23 as applied to named representatives probably does not garner as much attention in litigation as the other prerequisites.
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Certification Rejected in Dietary Supplement Claim
By Sean Wajert on
The important issues of ascertainability and choice of law led a federal court to deny class certification in litigation relating to the dietary suppl…
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Federal Court Rejects Copycat Class Action
By Sean Wajert on
A California federal court declined to certify a putative class of consumers in a suit accusing defendant of marketing defective dryers. See Martin M…
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