Duane Morris Class Action Review - 2023 - Report - Page 175
By comparison, in 2020, plaintiffs won five of 12 class certification rulings, or 42 percent.
In 2019, they won seven of 11 rulings, for a success rate of 63 percent. In 2018,
plaintiffs won three of 11 rulings, for a success rate of 27 percent.
In 2022, the jurisdictions for successful class certification rulings were clustered in the
Second, Seventh and Ninth Circuits. Historically, those three circuits have constituted
“magnet jurisdictions” for employment discrimination class actions due to their tendency
to issue favorable rulings on class certification motions.
The significant decisions in 2022 can be grouped in several categories, which are
discussed below, including: (i) rulings denying class certification based on insufficient
proof; (ii) preemptive motions to strike and dismiss class claims due to defects on the
face of the pleadings; (iii) rulings denying class certification based on commonality
concepts; (iv) rulings denying class certification due to procedural deficiencies; (v)
rulings granting class certification based on challenges to discrete employment
practices; and (vi) appellate rulings reversing denials of class certification orders.
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Duane Morris Class Action Review – 2023
