Highlights from this issue include:
- Class Notice. The Ninth Circuit rejected an argument that the district court should not have let a jury award damages for class members who did not receive notice. Notice was mailed to 5,105 class members but 856 were returned as undeliverable.
- Class Definitions and Administrative Feasibility. The Tenth Circuit reiterated that there is no “administrative feasibility” requirement. A class definition must only (1) be defined clearly and not too vaguely and (2) be defined objectively and not based on subjective criteria.
- American Pipe tolling. The Ninth Circuit predicted the Washington Supreme Court would toll putative class members claims under American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974). Under the principles of American Pipe, if class certification is ultimately denied, the statute of limitations of the claims of putative class members begins to run on the day class certification was denied.
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