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Eight-Justice High Court Hands a Narrow Victory to Data Aggregation Site … For Now

"[E]ven if you are given a right to the procedure, that alone does not suffice for standing." "[I]t has to be something more than just the violation of . . . what Congress says is a legal right." At the November 2, 2015, oral...more

U.S. Supreme Court Decision In Tyson Allows Narrow Use Of Statistical Sampling Evidence In Class Actions

The Supreme Court affirmed a $2.9 million jury verdict in favor of a class of employees and against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, slip op., 2016 WL 1092414 (Mar. 22, 2016). Although the key issues...more

The Ebb and Flow of Comcast v. Behrend

The United States Supreme Court’s 5-4 decision in Comcast v. Behrend, 133 U.S. 1426 (2013) has been the subject of much debate and analysis. The defense bar has heralded the opinion as further tightening the reins on class...more

Physician Quality Reporting For 2013 and Beyond

The 2010 Patient Protection and Affordable Care Act (the “ACA”) impacts a number of industries and professions, including healthcare practitioners, insurance companies, employers, and individuals. Recently, for example,...more

Securities Update: Florida Allows Notice Filing for Branch Offices

Under a new law aggressively advocated by the Florida Securities Dealers Association (“FSDA”) and Financial Services Institute (“FSI”) Florida recently streamlined its regulation of securities broker-dealers and state-covered...more

Class Action Update: Standard Fire Extinguishes Plaintiff’s Precertification Attempt to Avoid Federal Jurisdiction

The Supreme Court has put a stop to a tactic used by class action plaintiffs to avoid federal court. On Tuesday, the Court held that a named plaintiff’s precertification affidavit capping the damages could not bind the...more

Supreme Court Eases Burden for Securities Class Action Plaintiffs

The U.S. Supreme Court recently rejected the need for plaintiffs to prove materiality at the class certification stage in federal securities fraud class actions, thus allowing shareholders of Amgen to proceed as a class in a...more

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