In what percentage of Rule 23(f) cases do U.S. courts of appeals kick class actions?  Did you guess more often than not?  Did you really?

The Class Action Defense Blog ranks seventh in the all-time category on Justia.com.  It does so in part, Blawgletter suggests, because defending against class actions has become a lot easier in recent years.  Our proof?

Today we surveyed all federal court of appeals opinions since January 1, 2006.  In five of 24 decisions, the courts either upheld class certification or reversed its denial.  Which leaves 19 cases (79 percent) in which the courts affirmed denial of certification or reversed orders granting class treatment.

That strikes us as similar to shooting fish in a barrel.

Barry Barnett

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