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Tag Archives: Fed. R. Civ. P. 23(a)(4)

Lipton v. Chattem, Inc.: Federal District Court Denies Certification On Adequacy Grounds

Posted in Adequacy, Class Certification, Predominance, Superiority

The requirement that the named plaintiff must be an adequate class representative is not often the basis for denying class certification. But a recent decision from the Northern District of Illinois in a false-advertising class action illustrates the importance of taking discovery on facts that are relevant to the adequacy standard. In Lipton v. Chattem,… Continue Reading

Do Class Counsel Owe Fiduciary Duties to Absent Class Members Before Class Certification (and Should Defendants Care)?

Posted in Adequacy, Class Action Trends, Class Certification

According to an interesting student note that will soon be published in the Stanford Law Review, the answer to both questions is “yes.” Specifically, the would-be class counsel must “protect[] the substantive legal rights of putative class members . . . from prejudice” “resulting from the actions of class counsel.” The implications for defendants opposing… Continue Reading

Class Action Attacking Product Defect Declared Moot When Company Voluntarily Recalled Challenged Product

Posted in Adequacy, Class Action Trends, Class Certification, Motions Practice, Superiority

Should a class action go forward when the company voluntarily has provided all the relief plaintiffs have sought?  At least in some circumstances, the answer is “no,” according to the Tenth Circuit. Here’s some background.   Many product manufacturers—and especially auto makers—are targeted by the class action bar when they announce voluntary recalls.  The lawsuits typically… Continue Reading