Nationwide Personal Injury Classes Face Federal Court Hurdles
Federal courts are actively blocking nationwide personal injury class certifications.
Why it matters: This trend forces general counsels to tackle complex state laws, complicating their legal strategies. For example, differing state negligence standards could derail a nationwide class action attempt.
- No federal appellate court has affirmed a nationwide personal injury class.
- The Durocher v. NCAA decision set a restrictive precedent in 2015.
- Lester v. Abiomed, Inc. exposes challenges stemming from state law discrepancies.
- Rule 23(b)(3)'s requirements make nationwide personal injury classes difficult.
Federal courts continue to reject nationwide class action certifications in personal injury cases. In the recent case of Lester v. Abiomed, Inc., the Northern District of Ohio ruled against certifying a nationwide class, reflecting this ongoing trend.
The 2015 Durocher v. NCAA decision has emerged as a pivotal precedent, emphasizing the stringent requirements of Rule 23(b)(3) of the Federal Rules of Civil Procedure. This rule requires that a class action be the best available method for resolving claims, known as the 'predominance' and 'superiority' standards.
The Lester case, involving plaintiffs allegedly injured by Abiomed's Impella device, illustrates the challenges posed by diverse state laws. For instance, different states may have varying definitions and standards for proving negligence, which complicates the certification of a class spanning multiple jurisdictions.
These developments necessitate strategic shifts among general counsels, particularly in product liability cases, as they navigate the complexities of individualized claims and the diverse state laws affecting class certification under Rule 23(b)(3).
By the numbers:
- 0 nationwide personal injury classes approved by federal appellate courts—underscores a legal trend.
- 2015—Durocher v. NCAA decision set a precedent.
- Multiple—jurisdictions involved in Lester v. Abiomed, Inc., highlighting complexity.
Yes, but: State law differences may eventually prompt adjustments to federal rules to facilitate broader class certifications.