Challenging Class Certification at the Pleading Stage: What Rule Should Govern And What Standard Should Apply?
In his article, Timothy A. Daniels, Esq. (“Daniels”), discusses the approaches taken by courts regarding how to resolve a class certification challenge at the pleadings stage. See 56 S. Tex. L. Rev. 241.
It is increasingly common in class actions for defendants to challenge the class certification at the pleading stage based on failure to comply with Federal Rules of Civil Procedure (“FRCP”) 23. Daniels discusses a series of cases that dealt with class certification challenges. First, Daniels mentions the United States Supreme Court’s (the “Supreme Court”) rulings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) and Comcast v. Behrend, 133 S.Ct. 1426 (2013), which have established heightened standards in the federal courts for class certification. Second, Daniels mentions the Class Action Fairness Act (“CAFA”), and how it has liberalized the requirements for federal court diversity jurisdiction over class actions, and correspondingly the requirements for the removal of such cases to federal courts.