The Fifth Circuit recently upheld certification of a Rule 23(b)(2) class where the plaintiffs sought only injunctive relief, and the court squarely rejected a rule against “fail-safe” class definitions that other circuits have adopted. Although this case involved relatively unique issues, this decision is significant in that it is a relatively plaintiff-friendly decision from a
Failsafe Classes
Daubert at Class Certification, Lack of Injury to Class Members, Fail-Safe Classes and Class Definitions All Addressed in New Seventh Circuit Opinion
By Wystan Ackerman on
Posted in Class Certification Standards
The Seventh Circuit has started 2012 off with a significant class certification opinion. Messner v. Northshore Univ. Healthsystem, No. 10-2514, 2012 U.S. App. LEXIS 731 (7th Cir. Jan. 13, 2012) was an antitrust case alleging that a merger of two hospitals violated federal antitrust laws, but the opinion speaks to several broader issues regarding…