Law

Third Circuit Clarifies Class Action Standing and Ascertainability in 'Kelly'

These two pressures have probably kept many a consumer attorney up at night as they wrestled with how best to bring a would-be consumer class action in the Third Circuit knowing the case law that ...
JD Supra

Second Circuit Affirms Class Decertification Based On Inadequate Representation

The Court of Appeals affirmed, holding that the trial court acted within its discretion because class counsel’s conduct made clear that “counsel was no longer adequately representing the class.”[11] ...
Law

No Opt-In Needed: The Third Circuit Rules Class Settlements under FRCP 23 Can Release FLSA Claims for Absent Class Members

In a published, precedential case of first impression, the U.S. Court of Appeals for the Third Circuit clarified a significant question at the intersection of the Fair Labor Standards Act (FLSA) and ...
JD Supra

Ninth Circuit: class representative may not tailor class definitions to accommodate personal and not class-wide merits issues

Takeaway: The individual claims asserted by a class representative – as well as the defenses that apply to those claims – form the foundation of any effort to certify a class under Rule 23. If the ...