Civil Procedure, Antitrust & Trade Regulation, Labor & Employment Law

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

by Jacklina Len | Proskauer - ERISA Practice Center on 4/16/2013

The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

by Mira Serrill-Robins | Proskauer - California Employment Law on 4/10/2013

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....more

Did You Know…A Sea Change In Class Action Certification

by Veronica Gray | Nossaman LLP on 4/9/2013

In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce...more

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

by Adam Dougherty | Winstead PC on 4/9/2013

In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___...more

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 4/3/2013

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

Class Action Alert: Recent Developments Favorable for Employers

by Bradford G. Harvey, Jennifer W. Terry | Miller & Martin PLLC on 4/2/2013

Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

by Jacob Harper, Rebekah Kaufman | Morrison & Foerster LLP on 3/29/2013

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

Supreme Court Raises The Bar For Class Actions

by Fisher & Phillips LLP on 3/28/2013

Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more

Watch Your Assets Series Part Four: Key Injunction Strategies

by John C. Glancy, Tobias E. Schlueter | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/12/2012

In this series of blog posts, we have examined the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who have solicited clients...more

Argument Report: Debating an Arbitrator's Power to Interpret a Collective Bargaining Agreement

by Kirk Jenkins | Sedgwick LLP on 11/19/2012

Our reports on the November term oral arguments at the Illinois Supreme Court begin with Griggsville Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board. Griggsville-Perry arose from...more

Getting A Covenant Not To Compete Case Into The Business Court

by Brooks Pierce on 9/25/2012

Long time readers of this blog know that you can't designate a case limited to a covenant not to compete to the Business Court. That's the Lifecare case, from 2008, in which Judge Tennille said "every suit based upon a...more

Social Networks and Trade Secret Misappropriation: Can your company’s “friends” list be a trade secret?

by Downs Rachlin Martin PLLC on 8/1/2012

Trade secrets are aspects of your company that, if discovered/used by a competitor, could significantly impact your bottom line or your ability to compete in the marketplace. Recently, a federal court in Colorado held that...more

Legal Alert: Court Grants Partial Summary Judgment in Favor of Hospitals in Nurse Wage-Fixing Lawsuit

by FordHarrison on 3/29/2012

Executive Summary: On March 22, 2012, a Michigan federal district court granted summary judgment on some, but not all, antitrust claims alleged in a nurse wage-fixing lawsuit against five Detroit-area hospitals....more

Automotive Quarterly: 1st Quarter, 2012 • Volume 3, Number 1

by Dickinson Wright on 2/20/2012

In this issue: Top Action Items Under the America Invents Act; E-mail Smoking Guns; and Stopping Trade Secret Misappropriation at the Border: The International Trade Commission Provides A New Shield to Protect Against...more

Legal Alert: Class-Action Antitrust Complaint Alleging an Unlawful Employer "No-Poaching" Conspiracy Appears to Have Survived a...

by FordHarrison on 1/27/2012

At a hearing yesterday in San Jose, California, a federal district court judge indicated from the bench that antitrust claims alleging an "over-arching conspiracy" to fix and suppress employee compensation through...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Civil Procedure › Antitrust & Trade Regulation › Labor & Employment Law