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Carlton Fields

No Injury, No Problem?: The First Circuit Weighs In On Certification Where Absent Class Members Lack Harm

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In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages. ...more

Patterson Belknap Webb & Tyler LLP

Sovereign Immunity for State Plaintiffs in Antitrust Class Actions?

Patterson Belknap Webb & Tyler LLP on

The Third Circuit recently denied a petition for rehearing en banc a panel’s earlier decision in the In re Flonase Antitrust Litigation. In that case, the panel decision addressed the degree to which class settlements can...more

Carlton Fields

CAFA Settlement Trap: States As Absent Class Members

Carlton Fields on

Will a Class Action Fairness Act (CAFA) notice of settlement bind a state as an absent class member? A Pennsylvania federal district court recently offered guidance on this issue. The case involved allegations that the...more

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