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31 Jul 2013, 5:25 pm by Wystan M. Ackerman
Behrend (see blog post):  Miguel Estrada, who argued this case for Comcast in the Supreme Court, noted that whether, or to what extent Daubert applies at class certification is less important in light of the Court’s decision. [read post]
31 Jul 2013, 4:25 pm by Wystan Ackerman
Behrend (see blog post):  Miguel Estrada, who argued this case for Comcast in the Supreme Court, noted that whether, or to what extent Daubert applies at class certification is less important in light of the Court’s decision. [read post]
22 Jul 2013, 6:49 am by CivPro Blogger
The Northern District of Ohio, supervising multidistrict litigation alleging that Whirlpool's front-loading washing machines allow mold and mildew to grow in the machines, certified a class of Ohio purchasers for liability purposes. [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]
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]
17 Jun 2013, 5:00 am by Kimberly A. Kralowec
Behrend, ___ U.S. ___ (Mar. 27, 2013), it was "uncontested" by the parties that predominance under Rule 23(b)(3) requires a common method of proving and measuring damages -- even though the ordinary and long-established rule is that common questions predominate notwithstanding any individualized damages issues. [read post]
3 Jun 2013, 3:36 pm by rhall@initiativelegal.com
Lungstrum has denied a defendant’s motion to decertify a class of plaintiffs and refused to apply the Behrend v. [read post]
29 May 2013, 9:56 am by Thomas Kaufman
Behrend that addressed the requirements for class certification under Rule 23(b)(3) of the Federal Rules of Civil Procedure. [read post]