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Third Circuit Rulings Give Teeth to Ascertainability Requirement for Class Certification
The "ascertainability" requirement for class certification is a crucial safeguard for both defendants and absent class members.
United States
24 Sep 2013
Will the Ninth Circuit Revisit the Issue of Whether an Offer of Judgment to the Named Plaintiff Can Moot a Class Action?
Before the Supreme Court’s decision last Term in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Ninth Circuit had held that a named plaintiff can continue to pursue a putative class action even after the defendant has extended that plaintiff an offer of judgment for the full individual relief sought in the complaint, including reasonable attorneys’ fees and costs.
United States
27 Aug 2013
Can Plaintiffs Evade The FDCPA’s Cap On Total Statutory Damages In A Class Action By Filing Multiple, Gerrymandered Class Actions?
The Fair Debt Collection Practices Act (FDCPA), which regulates the conduct of debt collectors, authorizes plaintiffs suing over violations to recover statutory damages of up to $1,000.
United States
15 Mar 2013
Arizona District Court Enforces Contractual Provision Shortening Statute Of Limitations Period
On August 15, 2012, a federal court in Arizona dismissed a putative class action asserting false-advertising claims against internet domain-name registrar
United States
24 Aug 2012
US Court of Appeals for the Second Circuit Holds Rapid Post-Fraud Stock Rebound Does Not Bar Securities Fraud Suit
The failure to allege economic loss and loss causation—essential elements of a securities fraud claim—should be fatal to a Rule 10b-5 complaint.
United States
6 Aug 2012
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