News & Analysis as of

Class Action › Shady Grove

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.
Sheppard Mullin Richter & Hampton LLP

The Puzzle Of Enforcing Class Action Bars PostShady Grove

Sheppard Mullin Richter & Hampton LLP on

Despite the significant passage of time since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, courts continue to wrestle with whether state statutory class action bars are...more

Foley & Lardner LLP

Will The Supreme Court Allow Class Action Stacking?

Foley & Lardner LLP on

Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more

Alston & Bird

Eleventh Circuit Refuse En Banc Rehearing Of Its Decision Applying Shady Grove

Alston & Bird on

This week, the Eleventh Circuit denied a motion for an en banc rehearing of its July decision to reverse the dismissal of a class action brought in the Northern District of Alabama. The decision in July was premised on the...more

Mayer Brown

Why Shady Grove Should Be No Impediment To Obtaining Bifurcation In Federal Court

Mayer Brown on

As we have noted in prior posts, many states require courts to bifurcate punitive damages trials upon the defendant’s request. The question therefore arises whether a federal court sitting in diversity must or, at least...more

Burr & Forman

State Bans on Consumer Class Actions in Jeopardy

Burr & Forman on

Numerous states have adopted statutory bans on “unfair” or “deceptive” trade practices. When state legislature enacted those statutes, most of them decided to let consumers sue directly for damages. However, many state...more

Carlton Fields

Eleventh Circuit Holds Rule 23 Trumps State Law Precluding Private Class Actions

Carlton Fields on

The Alabama Deceptive Trade Practices Act’s (ADTPA) restriction on private class actions does not apply in federal court. Federal Rule 23 controls. That’s what the Eleventh Circuit recently held, relying on Shady Grove...more

Ballard Spahr LLP

11th Circuit: Rule 23 Trumps State Law Limitation on Class Actions

Ballard Spahr LLP on

Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the...more

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