Since the Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins, Article III standing has continued to be a major focus in federal courts. The Sixth Circuit’s opinion in Primus Group, LLC v. Smith & Wesson Corp.,...more
Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with the First, Third,...more
In a recent unpublished opinion, California’s 2nd District Court of Appeal handed down a potentially significant opinion on the application of punitive damages. In Morgan v. J-M Manufacturing Co. (Case. No. B297393), the...more
As expected, President Biden’s first days in office were marked by a number of executive orders and other actions aimed at unwinding Trump-era environmental policies. For example, President Biden rejoined the Paris Agreement,...more
While most cannabidiol (CBD) manufacturers and sellers focus on the U.S. Food and Drug Administration (FDA), federal agencies outside the FDA have put their focus on the CBD industry....more
On September 18, 2020, we wrote an article discussing how the United States Court of Appeals for the Eleventh Circuit in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. 2020) held that class action incentive payments...more
On Dec. 9, 2020, the U.S. District Court for the Eastern District of Virginia issued a favorable ruling for policyholders related to COVID-19 business interruption claims. The case is Elegant Massage, LLC v. State Farm Mutual...more
For more than a decade, United States District Courts have taken a stark approach to the need for appropriate class definitions and ascertainability in federal class actions. Mueller v. CBS, Inc., 200 F.R.D. 227, 233 (W.D....more
Earlier this year, we posted a three-part series on the Coronavirus and Class Action litigation (Part One, Part Two, and Part Three of our Coronavirus and Class Action litigation series). More recently, and almost a month...more
The Consumer Product Safety Commission (CPSC) has posted a webpage that purports to provide guidance on COVID-19-related consumer products. The CPSC’s new COVID-19 guidance covers two general categories...more
On October 13. 2020, White Castle System, Inc. petitioned the United States Court of Appeals for the Seventh Circuit for permission to seek an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). This petition arises out of...more
On September 17, 2020, in a potentially groundbreaking decision that could have huge implications for the future of class actions, a split panel of the Eleventh Circuit held that incentive payments given to a named plaintiff...more
Plaintiffs’ attorneys have started filing personal injury cases on behalf of employees and customers, including wrongful death claims and class actions. A review of the cases filed to date reveals that the core allegation in...more
In response to governmental recommendations, stay-at-home orders, and shelter-in-place orders, colleges and universities transitioned to distance learning to keep their students, staff, visitors, and communities safe and...more
As the initial round of state and local “stay-at-home” and “shelter-in-place” orders expires, and businesses start to reopen, business owners should be aware of the potential liability they face as a result of the COVID-19...more
For those who haven’t previously been following, this is our third installment on COVID-19 class actions. The first installment was prospective and authored prior to any filed class actions. The second installment examined...more
It has been a few weeks since we first posted about class actions and COVID-19. In that initial article, we analyzed the first coronavirus related lawsuit but were forced to prognosticate as to what an actual COVID-19 class...more
We recently discussed Circuit Court rulings allowing nationwide class actions where the named plaintiffs could satisfy specific personal jurisdiction. Since then, the Fifth Circuit has held that a defendant did not waive its...more
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some incorrectly interpreted this...more
On March 26, 2020, the U.S. Environmental Protection Agency announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some have incorrectly interpreted this...more
In the span of two days, two United States Court of Appeals held that a nationwide class action could proceed against a defendant as long as the named plaintiff could satisfy specific personal jurisdiction. ...more
In the midst of the coronavirus (COVID-19) pandemic, health authorities and federal, state, and local governments have issued proclamations, states of emergency, recommendations, and orders affecting the assembly and movement...more
On Tuesday May 28, 2019, the United State Supreme Court declined to afford state court third-party, class action defendants the ability to remove a class action to federal court. See Home Depot U.S.A., Inc. v. Jackson,...more