Kia – the [Key-a]bout Dismissing Class Actions with No Class

Kia – the [Key-a]bout Dismissing Class Actions with No Class

In a recent blog post , we discussed the Ontario Court’s consideration of the existence of an identifiable class in deciding whether or not to certify a class action, both from an objective perspective (i.e. the existence of an identifiable class) and from a subjective perspective (i.e. whether or not the petitioner must prove that the members of the class “desire to pursue their claims by way of a class action”).

Failed NC Bank Execs Granted Summary Judgment On All FDIC Claims

By | The D&O Diary | September 16, 2014
Failed NC Bank Execs Granted Summary Judgment On All FDIC Claims

On September 11, 2014, in a sharply worded order that will give heart to the FDIC’s many other failed bank litigation targets, Eastern District of North Carolina Judge Terrence Boyle, applying North Carolina law, granted the summary judgment motion of the former directors and officers of the failed Cooperative Bank of Wilmington, N.C., in the lawsuit the FDIC had filed against them in its capacity as the failed bank’s receiver.

Despite Wal-Mart Stores V. Dukes, Ninth Circuit Approves Statistical Sampling to Prove That an “unofficial” Common Policy Exists

By | Class Defense Blog | September 11, 2014

There seem to be two prevailing conceptions of class actions.  In one view, a class action is a way of determining many similar claims at once by evaluating common evidence that reliably establishes liability (and lays a ground work for efficiently calculating damages) for each class member.