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Class Action › Affidavits

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 28, 2020

Carlton Fields on

Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more

Manatt, Phelps & Phillips, LLP

Denying Class Certification, Court Rejects Use of Affidavits

Manatt, Phelps & Phillips, LLP on

Siding with the defendant, a Massachusetts federal court judge denied certification of two classes in a putative Telephone Consumer Protection Act (TCPA) class action against a medical device manufacturer....more

Pierce Atwood LLP

After-Effects of In re Asacol: Recent District Court Decisions on Certification and Uninjured Class Members

Pierce Atwood LLP on

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

Carlton Fields

Hearsay What? EDNY Finds That Class Certification Evidence Must Be Admissible

Carlton Fields on

Lin v. Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when...more

Eversheds Sutherland (US) LLP

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

Eversheds Sutherland (US) LLP on

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more

Ballard Spahr LLP

Third Circuit Denies Rehearing En Banc in Closely Watched Class Action

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the...more

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