We are pleased to present our second quarter 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit...more
We are pleased to present our updates to the New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the First Circuit in New...more
Long-term care facilities have seen some of the worst of the COVID-19 pandemic since it erupted in March. In Maine, residents of nursing homes and other long-term care facilities make up a large portion of the state’s total...more
9/17/2020
/ Americans with Disabilities Act (ADA) ,
Class Action ,
Clear and Convincing Evidence ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Long Term Care Facilities ,
Medicaid ,
Medical Malpractice ,
Nursing Homes ,
Rehabilitation Act ,
Standard of Proof
Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses. Hundreds of businesses have...more
In February 2017, Representative Goodlatte introduced the Fairness in Class Action Litigation Act of 2017. The Act, as with its 2015 predecessor, covers a lot of ground. It permits certification of damages classes only where...more
We have commented previously on several aspects of the Supreme Court’s recent decision in Tyson Foods. One additional important aspect that deserves special attention in the First Circuit is the issue of how to cull...more
As my colleague, Katherine Kayatta, alluded to in her detailed post earlier this week, much of the initial commentary on the Supreme Court’s Tyson Foods decision has been to the effect that the decision may crack open the...more
3/24/2016
/ Admissible Evidence ,
Calculation of Damages ,
Class Action ,
Class Certification ,
Class Representatives ,
Daubert Standards ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
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