Jeremy M Creelan

February 14, 2017 | New York Law Journal

Jeremy M. Creelan writes: For two decades leading up to Justice Antonin Scalia's death, the U.S. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23(a)(2) and (b)(3), respectively. With Scalia's passing, the court has hinted that it will embrace Ginsburg's pragmatic approach in future cases. But a surprisingly few clues indicate whether Judge Neil Gorsuch of the Tenth Circuit will follow in Scalia's footsteps in this area.

By Jeremy M. Creelan

27 minute read

March 17, 2016 | New York Law Journal

Jeremy M. Creelan and Daniel H. Wolf write: Despite the pro-plaintiff result in 'Campbell-Ewald', there is an underlying logic to the decision that can be squared with the U.S. Supreme Court's recent class-action opinions raising the threshold requirements faced by plaintiffs. Taken together, Campbell-Ewald and these earlier decisions manifest a consistent goal of maintaining the class action device free from manipulation of the process by either side. Of course, the question remains as to which practices the court views as impermissible procedural "gambits."

By Jeremy M. Creelan and Daniel H. Wolf

13 minute read

October 28, 2015 | New York Law Journal

Jeremy M. Creelan and Daniel H. Wolf write: On Nov. 2, the U.S. Supreme Court will hear a case that could dramatically alter the number of cases brought by individuals and purported classes alleging a violation of a federal statute. That case, 'Spokeo v. Robins', arises in the context of the Fair Credit Reporting Act,but its resolution could affect standing and, in practice, class actions across a broad array of laws.

By Jeremy M. Creelan and Daniel H. Wolf

6 minute read

October 27, 2015 | New York Law Journal

Jeremy M. Creelan and Daniel H. Wolf write: On Nov. 2, the U.S. Supreme Court will hear a case that could dramatically alter the number of cases brought by individuals and purported classes alleging a violation of a federal statute. That case, 'Spokeo v. Robins', arises in the context of the Fair Credit Reporting Act,but its resolution could affect standing and, in practice, class actions across a broad array of laws.

By Jeremy M. Creelan and Daniel H. Wolf

6 minute read

October 01, 2015 | New York Law Journal

Jeremy M. Creelan and Kate T. Spelman write: Ascertainability has long been recognized as an implied requirement for class certification. But the parameters of the ascertainability requirement have recently become a hot button issue in the certification of consumer class actions, particularly with respect to low-cost consumer goods.

By Jeremy M. Creelan and Kate T. Spelman

9 minute read

September 30, 2015 | New York Law Journal

Jeremy M. Creelan and Kate T. Spelman write: Ascertainability has long been recognized as an implied requirement for class certification. But the parameters of the ascertainability requirement have recently become a hot button issue in the certification of consumer class actions, particularly with respect to low-cost consumer goods.

By Jeremy M. Creelan and Kate T. Spelman

9 minute read

August 31, 2015 | New York Law Journal

Jeremy M. Creelan and David B. Diesenhouse write: 'Tyson Foods v. Bouaphakeo', a case before the U.S. Supreme Court this upcoming term, presents two related questions that could substantially limit class actions brought under FRCP 23(b)(3). May courts certify a class that uses statistical averaging, sampling methods, or other representative proof to overcome differences between class members and determine liability and damages on a classwide basis? May a class be certified when it includes members who have not been injured in any respect by the defendant's conduct?

By Jeremy M. Creelan and David B. Diesenhouse

11 minute read

August 30, 2015 | New York Law Journal

Jeremy M. Creelan and David B. Diesenhouse write: 'Tyson Foods v. Bouaphakeo', a case before the U.S. Supreme Court this upcoming term, presents two related questions that could substantially limit class actions brought under FRCP 23(b)(3). May courts certify a class that uses statistical averaging, sampling methods, or other representative proof to overcome differences between class members and determine liability and damages on a classwide basis? May a class be certified when it includes members who have not been injured in any respect by the defendant's conduct?

By Jeremy M. Creelan and David B. Diesenhouse

11 minute read

July 28, 2015 | New York Law Journal

Jeremy M. Creelan discusses an issue the U.S. Supreme Court will consider next term—whether class-action defendants can end the cases against them simply by offering complete relief to individually named plaintiffs and offering nothing to the classes those plaintiffs purport to represent.

By Jeremy M. Creelan

9 minute read

July 27, 2015 | New York Law Journal

Jeremy M. Creelan discusses an issue the U.S. Supreme Court will consider next term—whether class-action defendants can end the cases against them simply by offering complete relief to individually named plaintiffs and offering nothing to the classes those plaintiffs purport to represent.

By Jeremy M. Creelan

9 minute read