Donald Frederico

Donald Frederico

Pierce Atwood LLP

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Comcast and its Discontents

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

10/29/2015 - Anti-Competitive Antitrust Litigation AT&T Mobility AT&T Mobility v Concepcion Butler v Sears Cable Television Providers Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart Fuel Surcharges Motion to Dismiss Nexium Pay-For-Delay Rule 23(b)(3) SCOTUS Sears Settlement Twombly/Iqbal Pleading Standard Wal-Mart WARN Act Whirlpool

CFPB Proposal Would Make Class Actions More Likely. Here's What's Next.

On Wednesday, October 7, the Consumer Financial Protection Bureau issued proposals that would, if adopted, limit the use of arbitration provisions in contracts for consumer financial products. The CFPB’s proposals would not...more

10/9/2015 - Arbitration Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion Banking Sector Banks CFPB Class Action Class Action Arbitration Waivers Consumer Financial Products Financial Institutions SCOTUS Small Business

First Circuit Weighs In On Rule 68 Mootness Issue

In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification...more

8/24/2015 - Appeals Article III Campbell Ewald v Gomez Class Action Class Certification Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Putative Class Actions Right to Privacy Rule 68 Standing TCPA Unsolicited Faxes

Splitting the Difference: Recent Developments in Circuit Splits Over Class Action Lawsuits

It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if...more

8/13/2015 - Ascertainable Class Bayer Class Action Corporate Counsel Dukes v Wal-Mart Putative Class Actions Rule 23(b)(3) Rule 68 SCOTUS Standing TCPA Title VII Tolling Wal-Mart Young Lawyers

Mulling Mullins

The 7th Circuit's July 28th decision in Mullins v. Direct Digital, LLC has already created quite a stir. Plaintiffs' lawyers are citing it as the antidote to the 3rd Circuit's recent line of cases on the implied requirement...more

8/6/2015 - Ascertainable Class Bayer BMW Class Action Class Certification Rule 23(b)(3)

A Byrd in the Hand

Recently, I had the privilege of moderating a panel in Boston discussing hot topics in class actions. We had a terrific group of panelists, including three (besides myself) who represent defendants in class actions and one...more

4/27/2015 - Ascertainable Class Class Action Rule 23

OMNICARE: Supreme Court Clarifies Whether Statements of Opinion by Companies and their Executives are Actionable under the Federal...

This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the...more

3/30/2015 - Material Misstatements Omnicare Omnicare v Laborers District Council Registration Statement SCOTUS Section 11 Securities Act of 1933

To Remove or Not to Remove in Massachusetts?

I frequently am asked whether a company sued in Massachusetts state court would be better off in federal court. Despite the common perception that defendants in any state are always better off in federal court, there has...more

2/23/2015 - Judges Jurisdiction Litigation Strategies Removal

To Remove or Not To Remove?

When the Class Action Fairness Act was passed ten years ago, many businesses breathed a collective sigh of relief. No longer would the plaintiffs' bar be able to keep their cases in certain magnet jurisdictions (a/k/a...more

2/16/2015 - CAFA Class Action Federal Jurisdiction Litigation Strategies Removal

In re Nexium: The heartburn drug case that may cause heartburn

In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of consumers and other payors who...more

2/6/2015 - Antitrust Conspiracies Antitrust Litigation Class Action Generic Drugs Nexium Pharmaceutical Industry Prescription Drugs

Shedding Light on the Vexing Problem of Issue Certification

This week I attended the annual Class Actions Seminar sponsored by DRI (the Defense Research Institute). It was an excellent program, covering many recent trends in class action practice of interest to corporate counsel and...more

7/31/2014 - Class Action Class Certification Professional Development Rule 23(b)(3)

First Circuit Upholds Use of Retained Asset Accounts in ERISA Class Action

On July 2, 2014, a unanimous panel of the United States Court of Appeals for the First Circuit held that Unum Life Insurance Company’s practice of using Retained Asset Accounts (RAAs) to pay death benefits claims on group...more

7/10/2014 - Appeals Class Action Death Benefits ERISA Insurance Industry Life Insurance Retained Asset Accounts

So you want to be a class action defense lawyer.

Not every litigator wants to learn class actions; in fact, most do not. After all, why would anyone want to get mired in the procedural morass of a class action when they could be spending their time handling cases that have...more

5/27/2014 - Class Action Law Practice Management Professional Development Rule 23 Young Lawyers

You Can't Always Get What You Want: D. Mass. Awards Small Fraction Of Requested Attorneys' Fees In ZIP Code Class Settlement

In an opinion reminiscent of the famous Rolling Stones song, Judge Richard Stearns on December 26th awarded plaintiffs' class counsel fees of $75,959.00 of a requested amount of $450,000 for work performed in connection with...more

1/10/2014 - Attorney's Fees Billable Hours Class Action Fee Awards JCPenney Lodestar Method Marketing Personally Identifiable Information Retailers

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