Class Certification Standards

Back in February of 2012, I wrote a blog post about a California Court of Appeal decision addressing the use of statistical sampling in class actions.  The California Supreme Court recently granted review and affirmed the Court of Appeal’s decision that the trial court improperly allowed the case to be tried based on statistical evidence

A recent trend in insurance class actions (and class actions generally) has been for plaintiffs to bring cases seeking primarily or exclusively declaratory relief.  This is because of a perception that Rule 23(b)(2) classes (seeking declaratory or injunctive relief) are easier to certify than Rule 23(b)(3) classes, which require predominance of common issues of law

Judge Posner of the Seventh Circuit, a prolific writer of class action opinions in recent years, recently wrote a new decision addressing whether a class action with small stakes could properly be decertified.  The decision includes some extensive commentary on how such a case might be resolved.  Notably, this was a case where the defendant

Today the U.S. Supreme Court decided Comcast Corp. v. Behrend, No. 11-864 (slip opinion), which presented the question of whether a class action can be certified in federal court without admissible evidence that damages are susceptible to proof on a class-wide basis.  The Court’s answer was that, under Rule 23(b)(3)’s predominance requirement

Some courts have experimented with a partial class certification procedure whereby a class is certified to decide certain common issues on liability, and then any class member who wishes to pursue their own claim has to file their own individual lawsuit and prove the remainder of their case on liability and damages.  One of the