Class Actions

Despite the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes (2011) and Comcast Corp. v. Behrend (2013), reaffirming important principles to help prevent abusive class actions, plaintiffs’ lawyers continue to seek certification of broad classes and unprecedented extensions of the class-action device inconsistent with Rule 23 or principles of constitutional standing and due process. The Litigation Center has remained active in pushing back on such class-action abuse. In particular, the Litigation Center has filed multiple briefs opposing no-injury class actions and urging courts to hold plaintiffs to their burden to satisfy the rigorous requirements of predominance, ascertainability, and personal-jurisdiction for putative class actions. We have also filed briefs opposing impermissibly broad collective actions under the Fair Labor Standards Act on similar grounds.