The U.S. District Court for the Central District of California recently issued an interesting decision (pdf) denying class certification in 15 consolidated consumer class actions against the maker of 5-hour ENERGY drinks.
Continue Reading Court refuses to certify 5-hour Energy false-advertising class action for lack of common proof
motion for class certification
Judges Irked At Placeholder Class-Certification Motions Too
By Kevin Ranlett on
Posted in Class Action Trends, Motions Practice
From a practitioner’s standpoint, one of my five least-favorite recent developments in federal class-action practice is the explosion in the number of premature motions for class certification that would-be class representatives file.
I understand the motivation behind these motions—often filed along with the initial complaint. Of course, they are not seriously intended to induce a ruling on class certification; to the contrary, they expressly request that the issue be tabled until the completion of discovery. The real reason that plaintiffs’ counsel file these motions is that they want to preclude the defendant from mooting the putative class action by making…
Continue Reading Judges Irked At Placeholder Class-Certification Motions Too