Blog Posts in June, 2011
Posted on Jun 21, 2011 By Gary E. Mason
In Wal-Mart Stores, Inc. v Dukes et a l, 564 U.S. ___ (2011) (Scalia, J.), the Supreme Court offered this definition of commonality - a common contention "must be of such a nature that is capable of ...
Continue reading "One Stroke To Commonality" »
Posted on Jun 12, 2011 By Gary E. Mason
Numerous courts have wrestled with the propriety of "unmanifested defect" class actions, generally finding that no cause of action exists for a plaintiff who has not yet been injured. But what about ...
Continue reading "No Consideration, No Settlement?" »
Posted on Jun 2, 2011 By Gary E. Mason
A long running debate under Rule 23 surrounds the use of Rule 23(c)(4). The Fifth Circuit, starting with Castano , years ago found that issues could not be certified unless the causes of actions to ...
Continue reading "Certification by Subclass" »