Some class action plaintiff lawyers facing individualized liability issues will try to obtain class certification by defining the proposed class in a way that assumes liability. It’s somewhat akin to ...

Three things are certain in life: death, taxes, and class definitions. Every class action complaint contains a proposed class definition. It is an indispensable piece of the landscape, just like the ...

The U.S. Supreme Court has been asked to examine whether class certification is automatically barred when the proposed class definition is "fail safe"—or when membership hinges on a case's outcome on ...