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The Class Action Chronicle - Summer 2014

In This Issue: - Avoiding Class Certification Through an Offer of Judgment - CLASS CERTIFICATION DECISIONS: ..Decisions Granting Motions to Strike ..Decisions Denying Motions to Strike...more

6/19/2014 - CAFA Class Action Class Certification Federal Rules of Civil Procedure Litigation Strategies Motion To Strike Offer of Judgment Rule 68

"Study Reveals US Courts of Appeal Are Less Receptive to Reviewing Class Certification Rulings"

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

5/1/2014 - Appeals Class Certification Corporate Counsel Interlocutory Appeals Rule 23(f)

Privacy & Cybersecurity Update - March 2014

In This Issue: - EU Parliament Cements Position on Privacy Protection Reform - EU Parliament Passes Cybersecurity Directive - SEC Holds Roundtable on Cybersecurity - EU and APEC Introduce Guide for...more

3/28/2014 - APEC Class Action Cybersecurity Data Breach Data Protection DOJ EU EU Data Protection Laws FCC Privacy Laws Privacy Policy SEC Small Business

"Supreme Court Punts on Twin No-Injury Washing Machine Class Actions"

Earlier today, the U.S. Supreme Court declined to review decisions upholding class certification in two cases that have garnered increasing scrutiny by the legal community — Butler v. Sears, Roebuck & Co. and Whirlpool Corp....more

2/24/2014 - Butler v Sears Class Action Class Certification Mold Litigation SCOTUS Sears Whirlpool Whirlpool v Glazer

"Mass Tort and Consumer Class Action Outlook: A Mixed Landscape for Defendants in 2014"

Recent decisions by the U.S. Supreme Court have improved the landscape for defendants seeking to fend off mass tort and consumer class actions. In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court tightened...more

1/31/2014 - Ascertainable Class CAFA Class Action Comcast Comcast v. Behrend Dukes v Wal-Mart Mass Action Mutual Pharmaceuticals v Bartlett Predominance Requirement Preemption SCOTUS Standard Fire Ins. Co. v. Knowles Wal-Mart

Privacy & Cybersecurity Update - January 2014

In This Issue: - Ramifications of the Target Data Breach - California Federal Judge Winnows Down Massive Privacy Class Action - White House Launches “Big Data” Review - Senator Rockefeller Issues Data Broker...more

1/28/2014 - Australia Big Data Class Action Cybersecurity Data Breach Data Brokers Data Protection EU FTC Internet Privacy Laws Safe Harbors Target

Seventh Circuit Reaffirms Propriety Of Overbroad Washing-Machine Classes Despite Supreme Court’s Ruling In Comcast v. Behrend

Earlier this year, as noted in a previous Skadden memorandum, the U.S. Supreme Court vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir....more

8/26/2013 - Certifications Class Action Comcast v. Behrend Manufacturing Defects SCOTUS

"Third Circuit Rejects Class Without Objective Means of Identifying Members"

On August 21, 2013, the U.S. Court of Appeals for the Third Circuit reversed certification of a class action comprised of Florida purchasers of Bayer’s One-A-Day WeightSmart multivitamin. See Carrera v. Bayer Corp., No....more

8/21/2013 - Bayer Class Action Class Certification Due Process False Advertising

"Ordered by SCOTUS to Reconsider, Sixth Circuit Again Upholds Certification Ruling in Glazer"

Earlier this year, as noted in a previous client alert, the U.S. Supreme Court vacated and remanded the Sixth Circuit’s decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light...more

7/19/2013 - Bodily Injury Comcast v. Behrend Liability Mold Litigation SCOTUS Whirlpool v Glazer

"Supreme Court’s Bartlett Decision Reaffirms Broad Scope of Generic Drug Preemption"

In a significant victory for generic drug companies, the Supreme Court today issued its decision in Mutual Pharmaceutical Co. v. Bartlett, reversing the decision of the First Circuit, which had affirmed a multimillion dollar...more

6/24/2013 - Design Defects FDCA Generic Drugs Jury Awards Labeling Mutual Pharmaceuticals v Bartlett Preemption Prescription Drugs SCOTUS

"Supreme Court Vacates Another No-Injury Washing Machine Class Action"

Earlier today, the U.S. Supreme Court summarily vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir. 2012), for further consideration in...more

6/3/2013 - Class Action Comcast Comcast v. Behrend Manufacturing Defects Predominance Requirement SCOTUS

"Supreme Court Vacates No-Injury Consumer Class Action"

Earlier today, the U.S. Supreme Court summarily vacated and remanded the Sixth Circuit’s decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, No....more

4/2/2013 - Class Action Class Certification Comcast v. Behrend Damages Dukes v Wal-Mart SCOTUS

"Supreme Court Reverses Massive Antitrust Class Action Against Comcast"

On March 27, 2013, the U.S. Supreme Court, by a vote of 5-4, reversed a sprawling class action encompassing more than 2 million current and former Comcast subscribers who alleged violations of federal antitrust laws. See...more

3/28/2013 - Class Action Class Certification Comcast Competition Damages Dukes v Wal-Mart SCOTUS Swap Agreements

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