2 Analyses of this case by attorneys

  1. Fraudulent Omission Claims Unsuccessful Where Plaintiff Failed to Adequately Plead Defendant’s Knowledge of Alleged Defect

    Kramer Levin Naftalis & Frankel LLPJanuary 29, 2017

    Id. (quoting Armstrong v. Davis, 275 F.3d 849, 867 (9th Cir. 2001), abrogated on other grounds by Johnson v. California, 543 U.S. 499, 504–05 (2005)).In the instant case, Defendant does not draw any distinction between the instant case and the cases in which this Court applied the substantially similar approach.

  2. Torrent v. Yakult U.S.A., Inc., No. SACV 15-00124-CJC(JCGx) (C.D. Cal. Jan. 5, 2016)

    Kramer Levin Naftalis & Frankel LLPJanuary 29, 2017

    III. LEGAL STANDARDUnder Federal Rule of Civil Procedure 23, district courts have broad discretion to determine whether a class should be certified. Armstrong v. Davis, 275 F.3d 849, 871 n.28 (9th Cir. 2001) (abrogated on other grounds). The party seeking class certification bears the burden of showing that each of the four requirements of Rule 23(a) and at least one of the requirements of Rule 23(b) are met.