Over the past several years, circuit courts have started to provide more specific guidance on the countours of the "rigorous" analysis required by district courts in deciding whether to certify a class. The Second Circuit's decision in In re Initial Public Offerings Securities Litig., 471 F.3d 24 (2d Cir. 2006) and the Third Circuit's decision in In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3d Cir. 2008) are probably the most cited cases in this area, although most circuit courts have not specifically addressed this issue.
A few months ago, the Sixth Circuit finally decided to address the issue head on when it granted a Rule 23(f) interlocutory appeal "to clarify the scope and extent of the district court's obligation to resolve disputed factual issues in undertaking a rigorous analysis of the claims asserted as they relate to the class certification requirements" and to address "the question of the standard of proof a potential class representative must meet in demonstrating that the fraud on the market presumption is applicable to the claims asserted." In re Abercombie & Fitch Co., et al., Case No. 09-0310 (Aug. 24, 2009 Order).
The Abercrombie case will set the standard within the Circuit and will be closely watched.
- Partner
Joe Callow helps clients manage and reduce litigation risk and litigation costs. When litigation arises, he handles and coordinates cases on a national, regional, and local basis.
Joe primarily works on class action and complex ...
Blog Contact: Joseph Callow, Litigation Partner
jcallow@kmklaw.com or 513.579.6419
Topics/Tags
Select- Class Action Litigation
- Litigation
- Supreme Court
- Cybersecurity and Privacy Law
- Securities Law
- Data Breach
- Intellectual Property
- Social Media
- Trademark
- Trademark Litigation
- E-Discovery
- Initial Coin Offering
- Sixth Circuit
- Antitrust
- Federal Rules of Civil Procedure
- GDPR
- General Data Protection Regulation
- Bet-the-Company Litigation
- E-Discovery Case Law
- Electronic Data Discovery
- SEC
- Cryptocurrency
- Securities Litigation
- Employment Law
- Workplace Accommodations
- ESI
- Employer Policies
- Labor & Employment Law
- Labor Law
- Technology
- ERISA
- Stock Drop
- Ascertainability
- Drug Enforcement Agency
- Medical Marijuana
- Ohio Foreclosure Reform
- Cybersecurity Regulation
- Craft Brewing
- Copyright Law
- Seventh Circuit
- Environmental Law
- Fair Housing Act
- Health Care Act
- Healthcare Reform
- Pregnancy Discrimination
- Religion Discrimination
- Electronically Stored Information
- Proportionality
- Accommodation
- Americans with Disabilities Act
- Cyber Insurance
- EEOC
- FLSA
- Telecommuting
- Lenders
- Receivership Statute
- Business Process Improvement
- Employment Litigation
- Employer Handbook
- Employer Rules
- National Labor Relations Act
- National Labor Relations Board
- NLRB
- Unions
- Predictive Coding
- TAR ( Technology Assisted Review)
- E-Discovery Project Plan
- Evidence
- Quality Representation
- Subpoena
- Arbitration
- CAFA
- Land Use & Zoning
- Privacy
- Statute of Limitations
- Construction Litigation
- Taxation
- Federal Rule
Recent Posts
- Supreme Court Sidesteps “Cy Pres” Challenge
- Golfers, New and Old - Be Careful!
- "Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation
- GDPR: Less Than 100 Day and Counting to "G-Day" - Here's What You Need to Know
- Rapid SEC Action Against AriseBank Reveals New Playbook For Allegedly Fraudulent ICOs
- Giga Watt ICO Faces Tezos-like Securities Litigation Challenge
- New D.C. Circuit Ruling Finds Substantial Risk of Harm Inherent to Data Breach
- Target Class Action Settlement Temporarily Upended
- Revisiting Standing -- Ninth Circuit Opens Door For Antitrust Exposure
- Another Shot at Ascertainability in Class Certification