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9 May 2013, 5:29 am by Jon Hyman
Behrend: the scope of class actions for claims seeking individualized damages; AT&T Mobility v. [read post]
15 Apr 2013, 11:07 am by Seyfarth Shaw LLP
Behrend as we have discussed in recent posts [HERE and HERE], a class action is “an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only” and that Rule 23 “does not set forth a mere pleading standard. [read post]
4 Apr 2014, 6:00 pm by Richard Goldfarb
Behrend, which dealt with the relationship between class certification and claimed damages. [read post]
23 Sep 2013, 8:00 am by Greg Mersol
Behrend, 569 U.S. ___ (Mar. 27, 2013) (which we blogged here on March 28, 2013), or explain how, given its acknowledgement of so many individual factors bearing on the level of wages, damages could ever be determined on a class-wide basis. [read post]
28 Oct 2019, 7:49 am by Rebecca Tushnet
Behrend, 569 U.S. 27 (2013), it was sufficient that the model measured the damages according to plaintiffs’ theory of the case: consumers paid more because of the flushable label. [read post]
8 Jul 2013, 7:01 am by Wystan M. Ackerman
Behrend, and reversed certification on the grounds that common issues of law and fact did not predominate because individual analysis of each claim payment was required. [read post]
18 Jul 2013, 4:57 am by Jon Hyman
Behrend, the Court expanded upon Dukes by concluding that a class that requires individualized proof to establish damages for each class member cannot survive as a class action. [read post]
1 Mar 2013, 6:56 am by Wystan M. Ackerman
Behrend which is expected to shed light on that question (see my November 9, 2012 blog post for more on that case). [read post]
17 Dec 2013, 2:41 am by Andrew Trask
Behrend, a number of different courts have weighed in on the question of whether variations in damages should preclude certification of a litigation class. [read post]
21 Sep 2020, 12:43 pm by Rebecca Tushnet
Behrend, 569 U.S. 27 (2014), held that “a model purporting to serve as evidence of damages in [a] class action must measure only those damages attributable to that theory. [read post]
3 Jun 2022, 8:46 am by John Jascob
Behrend (U.S. 2013), the brief argues, a plaintiff must show a class-wide damages model tailored to its liability theory (In re Oracle Corporation Securities Litigation, May 31, 2022).Oracle has appealed a California district court’s grant of class certification in a securities fraud action alleging that Oracle and its management misrepresented the company’s cloud business. [read post]