A recent class certification decision out of the Southern District of New York provides insights on how courts will analyze the requirements for class certification, at least at the initial stage, in cases involving...more
12/8/2021
/ Class Certification ,
Corporate Counsel ,
Cryptocurrency ,
Digital Assets ,
Howey ,
Investors ,
Popular ,
Predominance Requirement ,
Securities and Exchange Commission (SEC) ,
Standing ,
Superiority Claims
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
Article III standing is a threshold jurisdictional requirement in all cases, including putative class actions. It is well settled that a named plaintiff must have constitutional standing throughout a case for subject matter...more
Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against hospitality and leisure industry companies, like hotels, timeshares, fitness and social clubs,...more
6/23/2020
/ Arbitration ,
Breach of Contract ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
CAFA ,
Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Court Litigation ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Hospitality Industry ,
Standing
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result. Yesterday, the...more
Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation[1] vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law...more
2/5/2018
/ Advertising ,
CAFA ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Environmental Protection Agency (EPA) ,
Erie Doctrine ,
FRCP 23(b)(3) ,
Hyundai ,
Kia ,
Predominance Requirement