The U.S. Supreme Court has been asked to examine whether class certification is automatically barred when the proposed class definition is "fail safe"—or when membership hinges on a case's outcome on ...

Last month, the D.C. Circuit deepened a circuit split on the issue of fail-safe classes. The decision, In re White, 64 F.4th 302 (D.C. Cir. 2023), rejected a categorical rule against all fail-safe ...

(Reuters) - The District of Columbia U.S. Circuit Court of Appeals ruled, opens new tab on Tuesday that trial judges cannot refuse to certify classes simply by invoking the words “fail-safe,” in a ...

Aug 24 (Reuters) - In almost every federal appellate circuit in the U.S., class action plaintiffs who try to premise their class definition on a defendant’s liability will be bounced out of court ...

In the underlying case, two Hilton employees and one relative of a deceased employee sued Hilton Hotels Retirement Plan over allegedly unlawfully denied vested retirement benefits. The U.S. Court of ...