Rule 23(b)(3) Archives - Page 2 of 2

On October 9, 2013

In Hayes v. Wal-Mart Stores, Inc., the Third Circuit determined that the plaintiff consumer failed to satisfy Rule 23’s ascertainability and numerosity requirements for class actions as articulated in Marcus v. BMW of North America, LLC and remanded the matter to the District Cout so that the plaintiff could address the clarified requirements expressed in Marcus, which was not yet decided at the time of the District Court proceedings in Hayes. By doing so, the Third Circuit demonstrated that it intends to continue vigilantly enforcing Rule 23’s threshold requirements for plaintiffs.

Seventh Circuit Allows comScore Privacy Litigation to Proceed as a Class Action

by Gibbons P.C.

Posted in Class Action Defense

On August 6, 2013

In what has been dubbed, “the largest privacy class action suit ever,” the Seventh Circuit in Harris v. comScore, Inc., refused interlocutory review of the District Court’s order granting class certification. Although utterly silent as to the basis for denying review under Fed. R. Civ. P. 23(f), the Court of Appeal’s decision is likely to impact future privacy class actions as well as corporate culture as we know it.

In Comcast, Supreme Court Reinforces Difficult Standard for Obtaining Class Certification

by Gibbons P.C.

Posted in Class Action Defense

On April 24, 2013

In its much-anticipated opinion in Comcast Corp. v. Behrend, the United States Supreme Court continued its recent trend of requiring a more demanding standard for plaintiffs seeking class certification. Citing its notable opinion in Wal-Mart Stores, Inc. v. Dukes, the Court made clear that district courts must conduct a rigorous analysis of plaintiffs’ evidence before certifying a proposed class, including addressing questions that ultimately bear on the merits.

Tagged: Rule 23(b)(3)

Third Circuit Emphatically Enforces Last Year’s Ruling in Marcus on Rule 23(a) Prerequisites

Seventh Circuit Allows comScore Privacy Litigation to Proceed as a Class Action

In Comcast, Supreme Court Reinforces Difficult Standard for Obtaining Class Certification

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