Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna...more
4/16/2021
/ Anti-Competitive ,
Antitrust Injuries ,
Burden of Proof ,
Class Action ,
Class Certification ,
Confidential Business Information (CBI) ,
Conspiracies ,
Corporate Counsel ,
New Guidance ,
Predominance Requirement ,
Price-Fixing ,
Promotional Items ,
SCOTUS ,
Tyson Foods v Bouaphakeo
To most people, “poaching” is a bad thing, connoting a mix of elephant hunting and mediocre eggs. But in labor and employment—where “poaching” means recruiting away another employer’s talent—antitrust regulators, legislators,...more
The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more
4/26/2018
/ Amended Rules ,
Attorney's Fees ,
Class Action ,
Class Certification ,
Discovery ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
FRCP 23(b)(2) ,
Notice Requirements ,
Popular ,
Putative Class Actions ,
Settlement Agreements ,
State and Local Government
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class...more
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class...more
On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line...more
5/2/2017
/ Actual Injuries ,
Amended Complaints ,
Class Action ,
Class Certification ,
FRCP 23 ,
FRCP 23(a) ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Motion to Dismiss ,
Price Discrimination ,
Proof of Claims ,
Question of Fact ,
Question of Law ,
Robinson-Patman Act
In the wake of the decision from the Supreme Court in the United States on Spokeo, Inc. v. Robins, courts are grappling with how to apply the injury requirement for standing under Article III to “no-injury” class actions....more