Please ensure Javascript is enabled for purposes of website accessibility

Civil Procedure — class actions

By: WISCONSIN LAW JOURNAL STAFF//July 3, 2014//

Civil Procedure — class actions

By: WISCONSIN LAW JOURNAL STAFF//July 3, 2014//

Listen to this article

U.S. Court of Appeals for the 7th Circuit

Civil

Civil Procedure — class actions

Commonality of damages is not a requirement for class certification.

“We do not say that a district court is required to certify a class action on all four of these subjects, or on a class-wide damages theory, or indeed on any issue. A district judge has discretion to evaluate practical considerations that may make class treatment unwieldy despite the apparently common issues. On occasion the problems are so grave that it is an abuse of discretion to certify a class. See, e.g., Parko v. Shell Oil Co., 739 F.3d 1083 (7th Cir. 2014). But when exercising its discretion the court must apply the correct legal standards. The district court denied plaintiffs’ motion to certify under a mistaken belief that ‘commonality of damages’ is legally indispensible. With that error corrected, the district court can proceed using the proper standards.”

Vacated and Remanded.

14-1532 In the Matter of: IKO Roofing Shingle Products Liability Litigation

Appeal from the United States District Court for the Central District of Illinois, Baker, J., Easterbrook, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests