How’d You Come Up With That? Third Circuit Vacates Class Counsel’s Fee Award

Author: Jeremy Gilman (former Partner at Benesch Law)

There are several different stakeholders in class actions.  There are the named parties, of course, and the members of the putative class, to the extent plaintiff seeks to sweep them into the lawsuit.  And then there’s the class itself, if certified, as well as opt-outs and objectors, if any.  And let’s not forget class counsel.  They get paid only if the court approves. Continue reading “How’d You Come Up With That? Third Circuit Vacates Class Counsel’s Fee Award”

Plus Feature: Third Circuit Establishes Test For Numerosity Under Rule 23(a)(1)

While Fed. R. Civ. P. 23(a)(1), the “numerosity” requirement, is not a frequently challenged issue in many class actions, its importance cannot be ignored. Rule 23(a)(1) mandates that in order to certify a class action, the plaintiff must prove that the “class is so numerous that joinder of all members is impracticable.” While cases involving more than 40 potential class members are typically considered to satisfy this requirement, case law provides little guidance for determining whether joinder is “impracticable” in smaller potential classes. Continue reading “Plus Feature: Third Circuit Establishes Test For Numerosity Under Rule 23(a)(1)”