Co-author: Scott J. Bent The Eighth Circuit recently reaffirmed one of the central holdings of Dukes v. Wal-Mart—commonality is no longer a “rubber stamp.” In Luiken v. Domino’s Pizza, a Domino’s delivery driver sought to represent a class of about 1,600 fellow drivers in an action against the pizza giant for wrongfully withholding tips. No. … Continue Reading
In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in opposing class certification in other false advertising cases. Significantly, the courts in both Chow and In re Celexa & Lexapro read exposure/causation … Continue Reading
After the Supreme Court’s decision in Wal–Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011) was announced, many believed class certification of employment classes or Rule 23b(2) classes would be a thing of the past. Developments after Dukes, however, demonstrate that, to the contrary, courts have found ways to avoid the impact of Dukes. Dukes … Continue Reading
