Matthew B. Moreland
The Status of Class Certification in the 5th Circuit in Non-Negative Value Cases CLE
The presentation examines whether and to what extent a class can be certified in the 5th circuit in cases where the individual damage amounts are more than negative value. Several years ago class actions involving personal injuries and mental anguish damages were determined to be not subject to certification because of the predominance of individual issues. However, this general prohibition against certification did not necessarily apply to cases where property or economic losses were primarily sought by the class even when the individual damage amounts were for more than negative value. More recently, courts have been receptive to arguments against class certification in these cases on predominance grounds as well. Does this trend continue such that only negative value cases can be certified in the 5th Circuit? Attend this CLE to find out!
The Class Actions Committee was newly formed in 2016. For those interested in joining please contact NOBA at (504) 525-7453. For questions about the committee please email Hayley Landry.