Eleventh Circuit's Opinion Increases The Burden On Those Seeking Class Certification

Brown is a "defense favorable" opinion that should be heavily relied upon when challenging class actions.

The Eleventh Circuit Court of Appeals recent opinion in Brown v. Electrolux Home Products, 2016 WL 1085517 (11th Cir. Mar. 21, 2016), just elevated the bar for parties seeking class action certification in the Eleventh Circuit.  In Brown, the Court reversed a district court's order granting class certification for violations of California and Texas consumer protection acts and breach of warranty claims.

In doing so, the Court held: 

1. the district court articulated the incorrect standard for adjudicating a motion for class certification;
2. the "causation" element of consumer protection claims required individual, not common, proof;