​Issue: Class Certification Standards
Court: U.S. Court of Appeals for the Ninth Circuit

RLC's Position:
The RLC joined a brief asking the Ninth Circuit to reverse the district court’s decision which ignored inherent individualized issues in the alleged claims and improperly found that the predominance and superiority requirements for class certification were met. The brief explains that the district court’s lax standards are inconsistent with the rigorous analysis required under Federal Rule of Civil Procedure 23 and will likely invite abusive class action litigation.

Case Outcome:
The court affirmed the district court's decision finding that it did not abuse its discretion when it concluded that common issues would predominate.

Procedural History and Case Documents: 

  • SOC's opening brief filed July 2016. 
  • Decision, September 2017
Please use the DOWNLOAD button below to access the RLC's Brief.


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