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Class Certification Mass Tort Litigation

Blake, Cassels & Graydon LLP

Mass Torts vs. Class Actions: A Tale of Two Strategies

Mass torts are on the rise in Ontario, thanks to certification challenges, carriage fights and the influence of plaintiffs’ counsel. But not all provinces are experiencing the same trend. In this episode of our podcast,...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - November 2023

Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes - In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2023

Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - March 2023

The decision to grant or deny class certification is usually the most pivotal aspect of a putative class action. A denial of class certification frequently disposes of the case altogether, while a grant often leads to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - December 2022

SCOTUS Leaves Standing 9th Circuit Ruling in Tuna Case That, at Certification, Plaintiffs Need Not Show Putative Class Has Few Unharmed Members - Litigation of the class certification question nearly always involves expert...more

Butler Snow LLP

Learning from the Past to Combat the “Entrepreneurial Model” of Class Actions

Butler Snow LLP on

The meteoric rise in class actions over the past decade has been well-documented. Nowadays even mac & cheese is under attack, with two proposed nationwide class actions filed this month alone claiming labels such as “The...more

Carlton Fields

Sixth Circuit Rejects a Novel Concept: Certification of “Negotiation Class” in Opioid Multidistrict Litigation

Carlton Fields on

The Sixth Circuit recently addressed whether a novel negotiation class could be certified to facilitate possible future settlement negotiations in multidistrict litigation (MDL)....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

McGuireWoods LLP

Coronavirus Class Actions—Part Two—A few weeks later

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It has been a few weeks since we first posted about class actions and COVID-19. In that initial article, we analyzed the first coronavirus related lawsuit but were forced to prognosticate as to what an actual COVID-19 class...more

Robinson+Cole Class Actions Insider

Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions

This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal...more

Epiq

Opioid Class Action Litigation May Drastically Change With A Global Resolution

Epiq on

Opioid litigation is a hot topic in the U.S. legal community. In response to the country’s opioid crisis, several states, individuals, and other local governments have filed lawsuits against various prescription opioid...more

Polsinelli

Ninth Circuit Provides Clarity for Settlement of Multi-State Consumer Class Action

Polsinelli on

Class actions bring more complexity to litigating and settling cases, and it can increase substantially when the claims arise from multiple state consumer protection laws. In these cases, determining the applicable law(s) to...more

Faegre Drinker Biddle & Reath LLP

Federal Courts Continue to Split Over Whether They Have Personal Jurisdiction Over Claims Brought By Non-Forum Class Members...

For years, the plaintiffs’ bar has crammed thousands of non-forum class members into a single action in order to more easily justify broader discovery requests, and to more quickly aggregate statutory damages. And many...more

Womble Bond Dickinson

Splitting Hairs?: Court Finds Bristol-Myers Squibb Does Not Apply to Rule 23 Class Actions and Denies Motion to Dismiss Claims of...

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A few weeks ago, Judge Leigh Martin May in the Northern District of Georgia denied a Defendant’s Rule 12(b)(2) motion to dismiss brought on the basis that, under Bristol-Myers Squibb, the court lacked subject matter...more

Womble Bond Dickinson

Cut Down to Size: Court Applies Bristol-Myers Squibb to Strike Class Definition Asserting Claims of Nonresident Class Members in...

Womble Bond Dickinson on

In Mussat v. IQVIA, Inc., 2018 WL 5311903 (N.D. Ill. Oct. 26, 2018) Judge Virginia M. Kendall of the Northern District of Illinois held that Bristol-Myers Squibb applies to Rule 23 class actions, and consequently struck the...more

Eversheds Sutherland (US) LLP

The impact of Langan v. Johnson & Johnson on nationwide class actions

The US Court of Appeals for the Second Circuit recently closed the door on a potential argument for defendants fighting multi-state class certification. In Langan v. Johnson & Johnson Consumer Companies, Inc., as part of an...more

Bradley Arant Boult Cummings LLP

A Brief Look at Justice Kennedy’s Rule 23 Record

While he often kept us guessing about how he might vote in politically significant cases, retiring Justice Anthony Kennedy was far more predictable on class action issues over the course of his 30-year tenure on the Supreme...more

Carlton Fields

DC Court Weighs Whether Bristol-Myers Squibb Applies To Class Actions In Whole Foods Case

Carlton Fields on

The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions....more

Benesch

This Time, It’s Personal: TCPA Personal Jurisdiction Ruling Severely Limits Nationwide Class Actions

Benesch on

It is no secret that there are certain jurisdictions that plaintiffs’ class action attorneys prefer to file suit, most notably, Chicago, Los Angeles, Miami and New York, to name a few. While plaintiffs’ lawyers may have...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Winter 2016"

This is the 14th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Fall 2016"

This is the 13th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

Bilzin Sumberg

Legal Precedent May Come From Ashley Madison Breach

Bilzin Sumberg on

The Ashley Madison saga has captured the attention of the public and legal profession like few prior data security breaches. The reasons are obvious: A website devoted to promoting infidelity is called out for “fraud, deceit,...more

Polsinelli

2014 SCOTUS Term: Important Developments in the Class-Action Arena

Polsinelli on

In This Issue: - Those Who Provide Investment Advice on Unsecured Securities Are Subject to Class Actions - A “Mass Action” Under the Class Action Fairness Act Requires at Least 100 Individual Plaintiffs ...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2014

This is the fifth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

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