PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

Class Actions, Class Action Cert Teddy Basham-Witherington Class Actions, Class Action Cert Teddy Basham-Witherington

Class Certification Does Not Require That Class Member Identification Be “Administratively Feasible."

Most people do not retain receipts for the myriad of food items and inexpensive consumer goods that they purchase each year.  But, should this entirely understandable fact of modern life provide a license to corporations to defraud consumers who buy these products?

Read More
Class Action Mootness, Class Action Cert Teddy Basham-Witherington Class Action Mootness, Class Action Cert Teddy Basham-Witherington

Third Circuit Rules Plaintiff Must Have “a fair opportunity” to move for class cert

Good news for plaintiffs in a Third Circuit decision on mootness in a Rule 23(b)(2) injunctive relief class action, Richardson v. Bledsoe, No. 15-2876 (3d Cir. July 15, 2016). This case presents a variation of the Campbell-Ewald named plaintiff pick-off strategy in a systemic reform case.  It recognizes a “picking off” exception to mootness in a class action where the individual claim for relief is “acutely susceptible to mootness” by the actions of the defendant. This one takes a bit of explaining.  

Read More