Is Class Cert Supposed to Be This Easy?

Friday, 24 September 2010 23:32

Can class certification be based on nothing more than the ipse dixit of the named plaintiffs?  Apparently it can in the Eastern District of Virginia.  In Lineras v. Inspiration Plumbing LLC, a judge in the Eastern District of Virginia (a/k/a the "rocket docket"), concluded that a class could be certified based on nothing more than the plaintiffs' assurance that other unnamed class members were similarly situated.  Of course, the court allowed for the possibility that discovery would show that there is insufficient evidentiary support for that conclusion, but the judge attempted to comfort the defendant by reminding it of its right to later seek decertification (after it has spent massive amounts of money defending against classwide claims).  We'll have to forgive the defendant if it doesn't find much comfort in now being saddled with the burden of decertifying an improper class.  One wonders why a class certification hearing is even necessary if all a plaintiff needs to do is aver that other unnamed plaintiffs are similarly situated.

Last Updated on Saturday, 25 September 2010 02:26
 
 

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