PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

Mr. T and Rule 23:  How Not to File a Class Action Against Facebook
Trump Class Action, Rule 23 Teddy Basham-Witherington Trump Class Action, Rule 23 Teddy Basham-Witherington

Mr. T and Rule 23: How Not to File a Class Action Against Facebook

A set of recently filed class actions against three big social media platforms are getting a lot of press and, of course, caught our eye. Constitutional scholars have already had lots to say about the legal theory in those cases but, as we said, we’re all about complex civil procedure – so we asked, “can these class actions fly?” We thought these new cases might offer some teachable moments for would-be class action lawyers who may be thinking they are ready to run the gauntlet of Federal Rule of Civil Procedure 23, the rule that governs class actions in federal court.

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Eastern District of New York Grants Class Certification to Incarcerated People Who Faced Inhumane Conditions
Class Action Cert, Prisoners' Rights Teddy Basham-Witherington Class Action Cert, Prisoners' Rights Teddy Basham-Witherington

Eastern District of New York Grants Class Certification to Incarcerated People Who Faced Inhumane Conditions

Plaintiffs also alleged that MDC staff failed to provide them adequate food and clothing and deprived them of access to hot water for cleaning, bathing, and laundry. Plaintiffs were forced to wash themselves in their cell sinks with cold water or forego washing for fear of getting sick. One resident suffering from ulcerative colitis had bloody bedding that had not been changed because of the lack of laundry services. Other incarcerated people with chronic medical conditions did not receive their medication and were unable to receive medical treatment. Class members also reported not being able to use their CPAP machines, not having access to mental health staff, and even enduring dirty bandages that had not been changed in weeks.

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