Seventh Circuit

July 29, 2014 9:35 AM | Posted by Jacob Hathorn and Ben Seessel | Permalink
An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory and revised class definition if the complaint could have been amended prior to moving for class certification. read more
July 15, 2014 8:39 AM | Posted by Amy Hurwitz and Jaret Fuente | Permalink
The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the district court had incorrectly read Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), and Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to require proof “that the plaintiffs will experience common damage and that their claimed damages are not disparate.”  read more
August 27, 2013 10:50 AM | Posted by Roberts, Joshua | Permalink

Following the Supreme Court’s decision in Comcast Corp. v. Behrend,  133 S. Ct. 1436 (2013), the high court vacated the Seventh Circuit’s judgment in Butler v. Sears, Roebuck and Co. , 702 F.3d 359 (7th Cir. 2012) and remanded the case back to the Seventh Circuit for reconsideration.  Upon reconsideration, Judge Posner and the Seventh Circuit decided, they were correct all along.  How did the 7th Circuit reach this decision?

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April 9, 2012 10:09 AM | Posted by D. Matthew Allen | Permalink
How detailed must a class certification order be? Can the court essentially “punt” on describing the class or defining the class issues to be tried? The Seventh Circuit answered those questions in the opinion described below. read more
April 6, 2012 10:07 AM | Posted by D. Matthew Allen | Permalink
Is a law firm seeking a portion of proceeds of a class action settlement a party for purposes of court approval of the attorney fee distribution? The Seventh Circuit says yes. Read on for details. read more
April 4, 2012 10:04 AM | Posted by D. Matthew Allen | Permalink
If a state agency (such as a Department of Education) systematically fails to comply with its statutory obligations, can a class action be used to remedy the failure? It used to be the case that the federal judiciary thought that structural injunctions taking control of executive functions was sensible. But that was then, this is now. What do the courts now think? Read on to find out the Seventh Circuit’s perspective on this policy question. read more
April 2, 2012 10:00 AM | Posted by D. Matthew Allen | Permalink
What happens when a plaintiff seeking class certification moves to exclude a defendant’s expert evidence on Daubert grounds? Can the district court allow the evidence to be admitted and “take it for what it is worth” in deciding the certification question? Read on to see what the Seventh Circuit said about this question. read more
January 4, 2012 11:27 PM | Posted by Adam Koppel | Permalink
According to a recent opinion by the Seventh Circuit, the answer is no.

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