About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact. In so doing, the First Circuit substantially...more
11/18/2019
/ Affidavits ,
Class Action ,
Class Certification ,
Class Members ,
Commonality ,
Due Process ,
FRCP 23 ,
Injury-in-Fact ,
Predominance Requirement ,
Seventh Amendment ,
Uninjured Class Members
Class action practitioners have been closely watching Spokeo, Inc. v. Robins, a case before the Supreme Court on appeal from the Ninth Circuit. Spokeo presented the Court with the opportunity to decide whether a plaintiff...more