Direct Examination: To Lead or Not to Lead
Law School Toolbox Podcast Episode 416: Listen and Learn -- Service of Process (Civ Pro)
Bar Exam Toolbox Podcast Episode 224: Listen and Learn -- Service of Process (Civ Pro)
The Only Rule of Multidistrict Litigation Is...
Bar Exam Toolbox Podcast Episode 208: Listen and Learn -- Motions to Dismiss a Case
Practicing Before the U.S. Supreme Court | Kannon Shanmugam | Texas Appellate Law Podcast
Amended Rules Five Months Later: Early Trends in Case Law and What It Means
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
The efficiency of the US class action regime hinges upon a core procedural mechanism: the class representative. By permitting a large group of plaintiffs with typically modest claims to rely on a small subset of...more
Class action defendants who have a strong basis for defeating class certification need not wait around until the plaintiffs move to certify a class before putting the issue to the test. In some instances, a more strategic and...more
Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer...more
The number of data breaches in the United States has increased significantly in the past ten years. According to an IBM study, more than 4 out of 5 companies have experienced a data breach at least once. These data breaches...more
On November 14, 2022, the U.S. Supreme Court declined StarKist Company’s petition to review the Court of Appeals for the Ninth Circuit’s en banc opinion upholding certification of three subclasses of tuna purchasers in Olean...more
A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more
Under Federal Rule of Civil Procedure 23(b)(3), a district court may certify a damages class if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only...more
Imagine you are an investor and you decide to file a lawsuit after a company that you invest in suffers a stock drop. When you get to the courthouse, you find that you are the first person to file a federal securities class...more
A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more
Introduction - Providing health care services comes with significant risk. When a provider is caring for the physical or emotional well-being of others, much can go wrong that potentially subjects the provider to a lawsuit....more
Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s...more
Defendants on the losing side of a class certification order were recently provided with a roadmap of how to challenge a district court’s analysis on appeal. On April 12, 2023, the United States Court of Appeals for the...more
Substantial Compliance with Contract- American Bus. Investments, LLC v. Shaeena & Allos, LLC, 6th Dist. Lucas, 2023-Ohio-739. In this appeal, the Sixth Appellate District affirmed the trial court’s decision to grant...more
A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any...more
On December 1, 2022, the U.S. Court of Appeals for the Second Circuit vacated and remanded a district court’s decision to certify a class of more than 200,000 retirees alleging that collateralized loans serviced by the...more
Recently, the Ministry of Justice published Draft Amendment No. 4 to the Class Action Regulations. This amendment proposes to prospectively include in the public electronic database known as the Registry of Class Actions...more
Represented by a team of Ballard Spahr attorneys, a seller of consumer products recently defeated the plaintiffs’ motion to certify a class in their lawsuit filed in Utah federal district court alleging violations of the...more
For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more
In the latest court ruling to address personal jurisdiction over out-of-state opt-in plaintiffs in Fair Labor Standards Act collective actions, a federal district court in North Carolina held that it lacked jurisdiction over...more
On June 21, 2021, the Supreme Court issued an opinion by Justice Barrett on the reliance element of a securities fraud claim. In a unanimous portion of her opinion (the “Decision”), Justice Barrett held that courts may...more
Greg Kihn is a musician best known for his 1983 hit song, “Jeopardy.” In 2017, he (and his publishing company) filed suit against Bill Graham Archives, LLC, which did business as Wolfgang’s Vault. Wolfgang’s Vault is a...more
In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of whether a class should be certified prior to a trial...more
On August 10, 2021, a divided Ninth Circuit panel vacated a trial court’s certification of two nationwide classes, finding that the defendant had not waived its personal jurisdiction objection to class certification by not...more
SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court; Delaware Court of Chancery Dismisses Stockholder Suit Against FedEx for Failure to Make Pre-Litigation...more
Last month, the Ninth Circuit struck down a district court’s order approving a class settlement and awarding nearly $7 million in attorneys’ fees to class counsel in a consumer class action challenging the defendant’s...more