Danyll Foix

Will the Supreme Court Address the Growing Uncertainty in Class Certification Injury Standards?

By Danyll Foix on May 18, 2017 Posted in Class Certification

Recent years have seen some upheaval in the lower courts on whether classes may be certified when they include members who lack actual injury. So far, however, the Supreme Court has declined to address this issue, thus increasing uncertainty and risks for litigants. Class action cases are often brought pursuant to Rule 23(b)(3), which requires … Continue Reading

Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial

By Danyll Foix on August 1, 2016 Posted in Rule 23 Requirements

The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification as a defense strategy. The decision confirms that plaintiffs’ burden to prove compliance with Rule 23 requirements does not end when a district court certifies a class, but in fact continues all the … Continue Reading

BakerHostetler Antitrust Lawyer Examines Recent Development in Antitrust Class Action Litigation

By Danyll Foix on October 15, 2014 Posted in Antitrust

The Antitrust Review of the Americas 2015 features a chapter by BakerHostetler antitrust partner Edmund W. Searby entitled, “United States: Private Antitrust Litigation – Class Actions.” He wrote: “As many appreciate, two Supreme Court decisions in the last seven years have assisted the defense of antitrust class actions. The first and most significant is the enhancement … Continue Reading