Duane Morris Class Action Review - 2023 - Report - Page 21
WARN – 100% granted / 0% denied (5 of 5 granted / 0 of 5 denied)
FLSA (Conditional Certification) – 82% granted / 18% denied (175 of 218 granted /
39 of 218 denied)
FLSA (Decertification) – 50% granted / 50% denied (9 of 18 granted / 9 of 18
denied)
Antitrust – 37% granted / 63% denied (10 of 27 granted / 17 of 27 denied)
Products Liability / Mass Torts – 69% granted / 31 % denied (11 of 16 granted / 5
of 16 denied)
The plaintiffs’ class action bar obtained the highest rates of success in securities fraud,
ERISA, WARN, and FLSA actions. In cases alleging securities fraud, plaintiffs
succeeded in obtaining orders certifying classes in 23 of the 24 rulings issued during
2022, a success rate of 96%. In ERISA litigation, plaintiffs succeeded in obtaining
orders certifying class in 18 of 23 rulings issued during 2022, a success rate of 78%. In
cases alleging WARN violations, plaintiffs managed to certify classes in 100% of the
suits that resulted in decisions this year.
As to the FLSA, plaintiffs achieved a high rate of success on motions for conditional
certification, and they also received a high number of rulings that dwarfs the number of
other rulings by a substantial margin.
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© Duane Morris LLP 2023
Duane Morris Class Action Review – 2023