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Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, we have seen a proliferation of recent appellate decisions...more
Class action trials have long been the bogeyman no one talks about in California. Parties had to address whether a class action was “manageable” before it was certified, but because the vast majority of class actions never...more
In Duran v. U.S. Bank N.A., the California Supreme Court recently addressed an important question in the context of state-court class actions: Can plaintiffs invoke statistical sampling in an attempt to prove class-wide...more
The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class...more
Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more
The concerns about the effectiveness of protective orders raised in Catalyst Fund General Partner I Inc. v Hollinger Inc.,  OJ No 2191 (SCJ), aff’d  OJ No 4666 (CA) were also central to a recent decision of...more
The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the...more
The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and...more
A recent decision denying certification of a securities-fraud class action underscores that plaintiffs must prove with evidence that they satisfy the requirements of Federal Rule of Civil Procedure 23, not merely allege that...more
In consumer class actions, the damages measure tends to remain undisclosed or ill-defined when plaintiffs move for class certification. Revealing as little as possible about damages allows plaintiffs to more flexibly adapt to...more
On 3 March 2014, the Milan Court of Appeal overturned a previous decision issued by the Milan Tribunal, declaring a class action brought by an Italian consumers association, Altroconsumo, against local railway operator...more
Answering a question left undecided in other circuits, the Eleventh Circuit held in South Florida Wellness, Inc. v. Allstate Insurance Co., No. 14-10001 (Feb. 14, 2014) that a complaint seeking only declaratory relief “can be...more
In the battle over class certification, expert testimony proffered by both plaintiffs and defendants is playing an increasingly important role. The Supreme Court has not yet decided whether the test for admissibility of...more
On October 31, 2013, the Supreme Court of Canada (the “Court”) released its decisions in Pro Sys Consultants Ltd. v. Microsoft Corporation (“Pro-Sys”), Sun Rype Products Ltd. v. Archer Daniels Midland Company (“Sun-Rype”),...more
In Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. Aug. 2, 2013), the Third Circuit vacated the trial court’s certification order and remanded in light of its earlier decision, Marcus v. BMW of North America, LLC, 687...more
I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI -
Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more
During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more
A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more
While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more
In This Presentation:
• Challenges of U.S. Courts
• Specialized and Aggressive Plaintiff’s Bar and Contingency Fees
• Jury Trials
• Pretrial Discovery
• Personal Jurisdiction
• U.S.-Based Subsidiaries
In This Presentation:
- Offer of Judgment Statutes
- 768.79 Offers
- Rule 1.442
- What does an OJ include?
- Shifting Defendant’s Fees
- 768.79 Language
- Shifting Plaintiff’s Fees
- Subsequent Offers
On November 28, 2012, the Ontario Court of Appeal released its decision in Treat America Limited v. Leonidas 2012 ONCA 748 which broadly affirmed the ability of U.S. class action plaintiffs to obtain the assistance of the...more
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