Classes can still be certified post-Wal-Mart, even in large employment discrimination cases. That seemed to be the message delivered by Judge Posner in his opinion for the Seventh Circuit in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639, slip op. (7th Cir. Feb. 24, 2012). The Seventh Circuit found
Rule 23(b)(2)
New Ninth Circuit Decision Explains Application of Wal-Mart v. Dukes
By Wystan Ackerman on
Posted in Class Certification Standards
A recent Ninth Circuit decision remanded a class certification order for reconsideration in light of Wal-Mart v. Dukes. The court made several key points about consideration of the merits, evaluation of expert testimony at the class certification stage, and Rule 23(b)(2).
In Ellis v. Costco Wholesale Corp., 2011 U.S. App. LEXIS 19060 (9th…
Implications for Insurance Class Actions of Wal-Mart v. Dukes
By Wystan Ackerman on
Posted in Class Certification Standards
The hot topic right now in the class action world is the oral argument in the Supreme Court in Wal-Mart v. Dukes (transcript; pdf). This employment case — claiming that all female employees of Wal-mart suffered discrimination in pay and promotion — was certified as a class action and certification was affirmed by a 6-5…
Class Action on Homeowners’ Insurance Claims for Hail Damage — Seventh Circuit Reverses Certification
By Wystan Ackerman on
Posted in Property Insurance
The Seventh Circuit recently reversed a class certification against State Farm in a case involving hail damage claims. This decision is likely to be frequently cited in insurance coverage-related class actions. In Kartman v. State Farm Mut. Auto. Ins. Co., Plaintiffs asserted that State Farm’s adjustments of hail damage to roofs were inconsistent — in one…