Tag Archives: Third Circuit

Numerosity and Commonality Requirements Reinforced by Third Circuit

The Third Circuit’s new opinion on class certification issues in Mielo v. Steak ‘N Shake Operations, Inc., No. 17-2678 (3d Cir. July 26, 2018) provides helpful guidance for district courts and class action lawyers on both sides. The case alleged violations of the Americans with Disabilities Act (“ADA”) at the defendant’s restaurants. In brief, here … Continue Reading

Use of Expert Testimony at Class Certification Stage Addressed By Third Circuit

The Third Circuit recently joined the Seventh, Eighth, and Ninth Circuits in holding that, where a Daubert challenge is made to the use of expert testimony in support of class certification, the Daubert challenge must be resolved at that stage. The Third Circuit explained that “[e]xpert testimony that is insufficiently reliable to satisfy the Daubert … Continue Reading

Third Circuit Clarifies Its Ascertainability Standard

Ascertainability is an implied requirement for class certification, not expressly addressed in Fed. R. Civ. P. 23. While there are different formulations of the requirement, in essence it requires that there be an adequate method for ascertaining who the class members (as defined by the class definition) are, without conducting trials for that purpose. Ascertainability … Continue Reading

Cy Pres Relief in Class Action Settlements: Third Circuit Weighs In

Last week the Third Circuit issued its first opinion on the subject of cy pres relief (i.e., distributions to charity instead of directly to class members) in class action settlements.  There have been several federal appellate decisions over the last year on this issue.  These decisions have suggested a need for greater scrutiny of cy … Continue Reading

Class Definitions, Ascertainability and Numerosity Addressed By Third Circuit

A new decision by the Third Circuit speaks to a number of important class certification issues.  Although it’s a case involving an alleged product defect, the court’s commentary on class certification law should have a broader reach to insurance class actions and beyond. In Marcus v. BMW of North America, LLC, Nos. 11-1192 & 11-1193, … Continue Reading

Comcast Corp. v. Behrend: Supreme Court Grants Certiorari Regarding Evidence Requirements at Class Certification

Yesterday, the U.S. Supreme Court granted certiorari in Comcast Corp. v. Behrend, No. 11-864 (docket), to address the question of “[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide … Continue Reading

Filed Rate Doctrine: Third Circuit Reaffirms Breadth of this Doctrine in Title Insurance Class Action

The filed rate doctrine is a general principle that a suit cannot be brought against an insurance company, or other company that is subject to rate regulation (such as a utility) challenging the appropriateness of rates that were filed with a regulatory agency.  The rationale for this doctrine is essentially that ratemaking is properly within … Continue Reading