Tag Archives: “certification stage”

Texas District Court Refuses to Certify Class of Nurses in Wage Antitrust Case

Photo of Greg MersolBy Greg Mersol on Posted in Class Action Litigation, Wage and Hour
Expert’s Report Didn’t Adequately Explain Causation While antitrust cases are often good candidates for class action treatment, it is still important for the plaintiffs to demonstrate a connection between the alleged anti-competitive conduct and the alleged harm, as a recent case from the Western District of Texas found. In Maderazo v. VHS San Antonio Partners, … Continue Reading

Southern District of New York Denies Conditional Certification in Misclassification Case

Photo of Greg MersolBy Greg Mersol on Posted in FLSA
Despite its significant rulings in other areas, we don’t have any blockbuster Supreme Court opinions to discuss this week as it has already decided all of class action before it.  Since we don’t have a Dukes, Concepcion, Comcast, or AMEX opinion in the offing, let’s talk about something else. Courts that employ the two-step certification … Continue Reading

Court Denies Certification of Proposed Class Under COBRA Due to Inadequate Representation

Photo of Greg MersolBy Greg Mersol on Posted in Class Certification, Rule 23
Of all the potential reasons to deny certification under Rule 23(a) (numerosity, commonality, typicality, and adequacy of representation), probably the least commonly used is that of adequacy of representation.  Even in those cases, the focus is more often on problems with the named plaintiff than with the attorney bringing the action.  A recent Seventh Circuit … Continue Reading
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