In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under...more
Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes -
In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more
12/1/2023
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Appellate Courts ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
FRCP 23 ,
Judicial Review ,
Mandamus Petitions ,
Mass Tort Litigation ,
Vacated
Post-TransUnion, A Closer Examination of Threshold for Article III Standing-
Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more
8/18/2023
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Article III ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Litigation ,
Damages ,
En Banc Review ,
Mass Tort Litigation ,
Popular ,
SCOTUS ,
Settlement ,
Standing ,
Subject Matter Jurisdiction ,
TransUnion LLC v Ramirez
The decision to grant or deny class certification is usually the most pivotal aspect of a putative class action. A denial of class certification frequently disposes of the case altogether, while a grant often leads to...more
Skadden recently conducted a study on behalf of the U.S. Chamber of Commerce Institute for Legal Reform regarding acceptance rates for Rule 23(f) petitions appealing class certification rulings in federal courts. The study...more