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Discovery Class Action Federal Rules of Civil Procedure

Carlton Fields

More Alike Than Different: Sixth Circuit Instructs MDL Court to Find Efficiencies Within Federal Rules Governing Individual Cases

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Judges presiding over multidistrict litigations, known as MDLs, must walk a tightrope between individual and collective needs. ...more

Williams Mullen

No, You Can’t Use Discovery to Find a New Class Representative

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In a consumer class action pending in California, the Ninth Circuit recently vacated a discovery order that would have forced Williams-Sonoma - prior to class certification - to identify all of its California customers who...more

Perkins Coie

Ninth Circuit Issues Favorable Class Action Ruling for Defendants

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The parties to class action litigation frequently contest whether plaintiffs are entitled to pre-certification discovery aimed at identifying additional or replacement class representatives. The U.S. Court of Appeals for the...more

Foley & Lardner LLP

A Primer: Wisconsin's New Class Action Statute

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The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more

Manatt, Phelps & Phillips, LLP

Court Rejects Plaintiff’s Efforts to Expand Discovery Beyond Fax

Prohibiting the plaintiff from broader discovery based on “mere speculation” about the existence of other fax advertisements, a Pennsylvania federal court limited discovery in a putative TCPA class action to the fax received...more

Dorsey & Whitney LLP

Mulvaney-Led CFPB Actively Litigates in Court Regarding Overdraft Policy-Related Evidence

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Many observers have reported on leadership changes at the Consumer Financial Protection Bureau (“CFPB”) and the potential shifts in policy priorities that may follow. However, in the new year, among the most interesting...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more

Mintz - Securities Litigation Viewpoints

Proposed Class Action Fairness Act Could Negatively Affect Institutions’ Securities Class Action Recovery

Recently introduced legislation pending before the U.S. House of Representatives attempts to make wide-sweeping reforms to the procedural rules governing class actions and, if implemented, could permanently alter the class...more

Robinson+Cole Class Actions Insider

Insights From FDCC Program On December 2015 Amendments To Federal Rules of Civil Procedure

Last week, I attended an excellent program of the Federation of Defense and Corporate Counsel regarding how the December 2015 amendments to the Federal Rules of Civil Procedure are impacting the defense of class actions and...more

Robinson+Cole Class Actions Insider

2015 Amendments to Federal Rules – Impact on Class Actions

Various amendments to the Federal Rules of Civil Procedure are taking effect on December 1. Here are my thoughts on how these amendments may impact the defense of class actions: - Greater Emphasis on Proportionality:...more

Pullman & Comley, LLC

The Insurance Examination Privilege Just Became Important

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When a U.S. insurance regulator investigates market conduct or financial solvency, its work is governed by a state law based on the NAIC Model Law on Examinations. Like the Model Law, all state laws strictly protect the...more

Butler Snow LLP

Are you Certifiable?

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It is not unusual for opposing counsel to demand that you “certify” that your client’s document production is complete and correct. What does this mean? Are you required to do it? The issue often arises in...more

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