En banc Ninth Circuit holds that a class may be certified even when it includes more than a de minimis number of uninjured class members so long as individualized questions about standing do not...
U.S. Chamber files amicus brief urging Third Circuit to reaffirm that district courts must conduct rigorous ascertainability analysis before certifying class actions.
Sixth Circuit denies en banc rehearing, refusing to revisit lax standard for certifying issues classes. The U.S. Chamber filed an amicus brief opposing this outcome.
U.S. Chamber files amicus brief supporting petition for rehearing en banc in Sixth Circuit to reverse panel decision that declines to enforce guardrails on certification of issues classes and...
Sixth Circuit grants interlocutory review to consider “conditional certification” of FLSA collective action. The U.S. Chamber filed an amicus brief supporting this result.
U.S. Chamber files amicus brief urging Supreme Court to review decision by Third Circuit allowing certification of an issues class. Previously, the U.S. Chamber filed an amicus brief when this...
Divided Sixth Circuit panel denies Rule 23(f) petition seeking interlocutory review of a decision certifying an issues class based on a lax application of Rule 23’s superiority requirement. The U...
U.S. Chamber files amicus brief urging the Fifth Circuit to hold that district courts must consider the Article III standing of absent class members and conduct rigorous ascertainability analysis...