Representative evidence – Good, bad? The Supreme Court speaks

By Jay L. Levine on April 20, 2016

As we’ve reported previously, Tyson was challenging the certification of a class of employees who sued for unpaid time related to donning and doffing protective gear. Jay discusses the implications of the Supreme Court’s allowance of representative evidence to prove classwide liability and how the Court’s ruling may (or may not) impact future class actions.… Continue Reading

Supreme Court refuses to deny use of “representative evidence” to certify a class

By Jay L. Levine and Porter Wright on March 31, 2016

Faced with what defense lawyers hoped would be another arrow in their quiver to fight class certification, the Supreme Court refused to slam the door on the use of “representative evidence” in proving predominance under Federal Rule of Civil Procedure 23(b)(3). Instead it held that, in certain cases, “representative evidence” – evidence representative of a … Continue Reading

Lawyers: In a class of their own

By Porter Wright on August 19, 2015

Ever wonder how many lawyers can fit into one courtroom? Judge Catherine Perry of the U.S. District Court of the Eastern District of Missouri just may find out. On July 14, Judge Perry granted a motion to certify a class made up of lawyers in Downing v. Goldman Phipps PLLC.[1] Although plaintiffs have not made … Continue Reading