Court Denies Class Cert, But With Plenty of Dicta

In a decision denying class certification, the Southern District of California in Conde v. Sensa, spent considerable time discussing how Plaintiff otherwise satisfied the typicality requirement necessary for moving forward with the class action. (See Conde v. Sensa, No. 14-cv-51 JLS WVG, 2018 U.S. Dist. LEXIS 154031 (S.D. Cal. Sep. 10, 2018)). The Court ultimately denied certification (without prejudice) because it found that Plaintiff failed to show that common issues of fact and law predominated, that a class action was superior to other methods, and that the class was ascertainable, but not before a detailed analysis of why the named Plaintiff would have otherwise satisfied her burden on typicality. Id.


Plaintiffs brought claims alleging that Sensa engaged in false and misleading advertising and marketing, unfair competition, and breach of warranties in relation to Sensa’s various products, marketed as “Wei

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Hoverboard Suit Goes Up In Flames

Also contributed by William Schoof* Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace?  In Fox v., Inc., No. 3:16-cv-03013, 2018 BL 191355 (M.D. Tenn. May 30, 2018), plaintiffs argued exactly that, and the district court answered with aRead the full article →