The trial court certifies a class. Discovery proceeds and the case goes to trial The jury returns a verdict for the plaintiff class. Can the defendant use post-trial motions to seek class decertification, effectively annulling the verdict? Yes, according to the Second Circuit. Indeed Fed. R.Civ. P. 23(c)(1)(C) specifically permits the court to alter or amend an order that grants or denies class certification at any time “before final judgment.” But as Mazzei v. The…

UNITED STATES – The United States Supreme Court has agreed to review a decision of the Eighth Circuit that upheld a $5.8 million judgment in favor of a class consisting of Tyson Foods employees who alleged Tyson underpaid them for time spent putting on and taking off protective equipment necessary for their jobs. Among other issues raised, Tyson challenged plaintiffs’ use of statistical evidence to establish liability and damages. Relying on the Supreme Court’s rejection…