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The Supreme Court Forecloses Some, but not all, Strategies to Moot a Named Plaintiff's Putative Class Action

On Wednesday, the U.S. Supreme Court announced that class-action defendants may not moot a named plaintiff’s claim simply by extending an offer of judgment that satisfies the putative lead plaintiff’s demand for damages. The...more

The Third Circuit Gives the Green Light to RICO Plaintiffs Seeking to Recover Payments for Prescription Drugs

This week, the Third Circuit altered the legal landscape for civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims against pharmaceutical companies. The ruling in In re Avandia Marketing, Sales Practices &...more

The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an...

When a plaintiff seeks certification of a class, the issue of whether the class is “ascertainable” has become an increasingly significant battleground issue in class certification proceedings. While not explicitly set out in...more

Another Court Holds Daubert Analysis Required When Critical to Class Certification

With a split among the Circuits, no authoritative decision from the Third Circuit, and certiorari already granted by the U.S. Supreme Court on the issue, another district court has concluded that a thorough Daubert analysis...more

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