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Trial of Class Actions With Statistical Evidence: California Court of Appeal Follows Wal-Mart v. Dukes In Rejecting “Trial By Formula”

Issues regarding the use of statistical evidence at trial of a class action were recently addressed by the California Court of Appeal, First Appellate District, in Duran v. U.S. Bank Nat’l Ass’n, 2012 Cal. App. LEXIS 107 (Cal. Ct. App. Feb. 6, 2012).  The court concludes that the trial of an employment class action (seeking … Continue Reading

Can You “Pick Off” A Named Plaintiff To Moot A Class Action? New Seventh Circuit and Federal Circuit Decisions Address This Issue

One tactic some defendants have tried to use in defending a class action is providing or offering to the named plaintiff the full relief requested on his or her individual claim.  Typically a named plaintiff’s individual claim in a class action is worth a relatively small sum, much smaller than the costs of defending the … Continue Reading

Can a Voluntary Dismissal And Re-Filing Avoid the Class Action Fairness Act? Eighth Circuit Says No, Where A Defendant Has Answered

One strategy some plaintiffs’ attorneys have used to try to avoid federal jurisdiction under the Class Action Fairness Act (CAFA) is to voluntarily dismiss a case after it has been removed to federal court, and then re-file a new complaint in state court with amended allegations framed in a way that will bar federal jurisdiction.  … Continue Reading

Using Rule 11 in Defending a Frivolous Class Action

A recent decision by the District of Minnesota provides an interesting roadmap for how defendants can use Rule 11 in defending against a frivolous class action.  In Brown v. Ameriprise Financial Services, Inc., 2011 U.S. Dist. LEXIS 101038 (D. Minn. Sept. 7, 2011), the plaintiff filed a putative class action complaint alleging purported racial discrimination.  … Continue Reading