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Jurisdiction Multidistrict Litigation

Bennett Jones LLP

The Inbetweeners—Mass Torts That Do Not Meet the Certification Criteria

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What Canadian process is available for mass torts when a class action cannot be certified? That is one question addressed by the Ontario Superior Court of Justice in Carcillo v Canadian Hockey League (Carcillo)....more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

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From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more

Jones Day

JONES DAY PRESENTS®: The Mechanics of Multidistrict Litigation: Streamlining Complex Cases

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Increasingly, to try cases that involve multiple plaintiffs across various jurisdictions more efficiently, a judicial panel will create a multidistrict litigation (MDL). Jones Day partners Bridget O'Connor and Billy Laxton...more

TransPerfect Legal

Eight Best Practices for Managing Multi-District Litigations

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Multi-District Litigation (MDL) is a complex judicial tool to create efficiency within the court system and consolidate matters from various jurisdictions into one. For those MDLs that traverse the country–opioid most...more

Foley & Lardner LLP

New State Antitrust Enforcement Venue Act Gives State Attorneys General Venue Preference in Antitrust Litigation

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On December 29, 2022, President Biden signed the Consolidated Appropriations Act of 2023, an omnibus spending bill that also contained several pieces of key antitrust legislation. In particular, the law included a bill...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

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Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

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The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Fenwick & West LLP

Clear Trends Visible in the Post-TC Heartland Patent Landscape

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The patent landscape experienced a paradigm shift with the May 2017 United States Supreme Court decision in TC Heartland v. Kraft Foods Group Brands. In TC Heartland, venue in patent cases was narrowed to either (1) the...more

Patton Sullivan Brodehl LLP

Think Carefully Before Forming an “Out of State” LLC

Many California-based LLC managers and members are lured by the potential benefits of forming the LLC under the laws of a jurisdiction outside of California. Delaware can be an enticing option. Delaware is known for its...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Affirms “Snap” Removal Practice

Earlier last week, a Second Circuit panel resolved a sharp disagreement among district courts regarding the interpretation of the forum defendant rule in the context of a multi-district litigation (“MDL”) involving dozens of...more

Jones Day

Agent Actions Don't Equal Personal Jurisdiction in Telephone Consumer Protection Act Case

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The Situation: A federal court in California recently considered whether it had jurisdiction over defendants in a class action under the Telephone Consumer Protection Act ("TCPA") based on the presence in California of the...more

Proskauer - Minding Your Business

Consolidation, Like Marriage, Preserves the Distinct Identities and Rights of Its Constituents

In its recent decision in Hall vs. Hall, the U.S. Supreme Court ruled unanimously that after a final decision in one of several consolidated cases, the losing party has the immediate right to appeal that decision, even when...more

Robins Kaplan LLP

SCOTUS Holds that Cases Consolidated Under FRCP 42(a) Are Independent for Purposes of Finality and Appealability

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On March 27, 2018, the Supreme Court issued a unanimous opinion in Hall v. Hall, Case No. 16-1150, holding that cases consolidated under Federal Rule of Civil Procedure 42(a) remain independent for purposes of determining...more

Carlton Fields

Together, But Independent – Finality Under Rule 42(a) Consolidation

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The United States Supreme Court recently clarified that cases consolidated under Rule 42(a) of the Federal Rules of Civil Procedure retain their independent identities “at least to the extent that a final decision in one is...more

Genova Burns LLC

Supreme Court Clarifies Appeal Timing for Consolidated Cases

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The U.S. Supreme Court has ruled that when a final decision has been issued in one of several consolidated civil cases, the losing party can immediately appeal, even if other of the consolidated cases are ongoing. Hall v....more

Foley & Lardner LLP

SCOTUS Raises an Interesting Question for Appeals in Consolidated Cases in Wisconsin

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The U.S. Supreme Court today decided unanimously that, when cases are consolidated under Fed. R. Civ. P. 42(a), they nevertheless remain separate cases. In Hall v. Hall, No. 16-1150, two separate cases had been consolidated...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Hall v. Hall

On March 27, 2018, the United States Supreme Court decided Hall v. Hall, No. 16-1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42(a) is finally decided, that decision confers...more

Benesch

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

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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

Holland & Knight LLP

High Court Grants Certiorari in Vitamin C Antitrust Litigation

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On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Holland & Knight LLP

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

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The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the Acting Solicitor General to express the views of the United States regarding Animal Science Products, Inc. v. Hebei Welcome...more

Balch & Bingham LLP

Eleventh Circuit Holds that District Courts Retain Original Jurisdiction Over State Law CAFA Claims Even After Class Claims Are...

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In a case of first impression for the Court, the Eleventh Circuit recently addressed whether federal district courts retain original subject matter jurisdiction over state law claims included in a class action filed pursuant...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Winter 2015

This is the 10th 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

Stinson LLP

Supreme Court Rejects FERC’s Preemption Argument and Permits State Antitrust Claims Against Interstate Pipelines to Proceed

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On April 21, the U.S. Supreme Court issued an opinion in ONEOK, Inc., et al., v. Learjet, Inc. et al holding that state antitrust claims are not pre-empted by the Natural Gas Act. This important decision put the brakes on an...more

Manatt, Phelps & Phillips, LLP

Appellate Practice Roundup - February 2015

Over the past few months, a number of important appellate procedure opinions have issued in federal and California appellate courts regarding posttrial motions, appealability, and appellate jurisdiction under various...more

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