Rules Enabling Act

News & Analysis as of

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions

In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to...more

SCOTUS Opens the Door to Representative Evidence in Donning and Doffing Cases

In a decision that comes as a surprise to many observers, the U.S. Supreme Court held this week in Tyson Foods, Inc. v. Bouaphakeo et al. that plaintiffs can use representative evidence in a donning and doffing class or...more

What’s next for class action defendants after Tyson Foods?

The U.S. Supreme Court on March 22 handed down a decision in Tyson Foods, Inc. v. Bouaphakeo. Tyson is perhaps the most anticipated class action decision since the high court’s 2013 ruling in Comcast v. Behrend. But far from...more

Tyson Foods Supreme Court Opinion Addresses Statistical Evidence in Class Actions

Yesterday, the Supreme Court issued its opinion in Tyson Foods v. Bouaphakeo, addressing the use of statistical evidence in class actions. The plaintiffs’ bar will undoubtedly claim the decision as a victory because class...more

Supreme Court Briefing Begins in Tyson Foods, Inc. v. Bouaphakeo, A Potential Wage and Hour Blockbuster

In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat...more

11th Circuit: Rule 23 Trumps State Law Limitation on Class Actions

Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the...more

The End of “Average Joe,” Class Plaintiff? The Supreme Court Will Review the Use of Composites in Class Actions

You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more

Supreme Court to Consider “Trial by Formula” and Standing of Non-Injured Class Members in Tyson Foods

The Supreme Court recently granted Tyson Foods’ petition for certiorari which presents to the Court two important class action issues: (1) Whether differences among individual class members may be ignored and a class...more

Supreme Court Debates Laches Defense — Change Is Coming

Jan. 22, 2014 — In an energetic oral argument on Jan. 21 that would have made first-year law students cringe, the Supreme Court debated the proper role of laches as a defense against the backdrops of statutory language versus...more

The Offer of Judgment: A Strategy to Oppose Claims for Attorneys’ Fees in Environmental Fee-Shifting Cases

The Third Circuit Court of Appeals recently held that an offer of judgment in response to a claim for attorneys’ fees in a citizen suit under the Resource Conservation and Recovery Act (RCRA) is valid. Interfaith Community...more

The Unheard Tree: The Struggle Over Unmanifested Defects in Consumer Class Actions

One of the most famous questions in philosophy is “if a tree fell in a forest and nobody was there to hear it, would it still make a sound?” A similar question dominates the world of consumer class actions. If a product...more

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