About Consumer Class Defense Blog From seyfarth’s workplace class action blog seyfarth synopsis : satisfying rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. among the many issues that arise is the extent to which varying state laws can impact whether questions of law or fact common to class members predominate over. Seyfarth’s consumer class defense blog is a unique resource for executives and corporate in house counsel to obtain timely developments, trends and game changing decisions in the area of consumer class action law. the blog addresses changes in the law regarding procedural issues, such as arbitration, class action waivers and certification, as.
Branch V Geico The Convergence Of Class Certification And Article Iii In thomas v. geico, case no. 1:20 cv 04306 (n.d. ill.), the court denied the named plaintiffs’ motion for class certification after striking the testimony of their damages expert, holding under comcast corp. v. behrend, 569 u.s. 27 (2013), that the proposed classes could not be certified in the absence of a viable class wide damages model. Ocean spray: court denies certification of putative classes that include products not purchased by plaintiff in food labeling case by jay connolly & joe orzano on june 25, 2013 posted in california class issues , certification , consumer fraud ,. Sonner’s holding that the traditional limitations on equitable relief apply is of significant importance to class action litigation under california’s consumer protection laws. to begin with, as noted in sonner itself, the presence or absence of the damages claim determines whether the case will be tried to the judge or a jury. the. Plaintiffs frequently seek to certify class actions where the proposed classes contain a significant number of uninjured persons. the first circuit recently reversed the certification of such a class in in re asacol antitrust litigation, concluding that a class cannot be certified where the “individual inquiries” necessary to resolve whether each class member has suffered an injury in fact.
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