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Tag Archives: class action

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

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 large group but not necessarily of any member of the group – can be used to demonstrate class-wide liability. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The decision, though, should not make the plaintiffs’ bar cheer too much, or the defense bar overly weepy.…

Lawyers: In a class of their own

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 clear exactly how many lawyers will be in the class, they argued in their class certification briefing that there are more than 33 law firms and over 100 lawyers in the potential class.

What started it all, you ask? It is pretty simple: …

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