In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under...more
Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes -
In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more
12/1/2023
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
FRCP 23 ,
Judicial Review ,
Mandamus Petitions ,
Mass Tort Litigation ,
Vacated
Post-TransUnion, A Closer Examination of Threshold for Article III Standing-
Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more
8/18/2023
/ Appeals ,
Article III ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Litigation ,
Damages ,
En Banc Review ,
Mass Tort Litigation ,
Popular ,
SCOTUS ,
Settlement ,
Standing ,
Subject Matter Jurisdiction ,
TransUnion LLC v Ramirez
The decision to grant or deny class certification is usually the most pivotal aspect of a putative class action. A denial of class certification frequently disposes of the case altogether, while a grant often leads to...more
SCOTUS Leaves Standing 9th Circuit Ruling in Tuna Case That, at Certification, Plaintiffs Need Not Show Putative Class Has Few Unharmed Members -
Litigation of the class certification question nearly always involves expert...more
Motions To Strike Class Allegations: Here To Stay or Going out of Style?
By their nature, class actions, given the prospect of classwide liability and potentially millions (if not billions) in aggregated damages, are...more
Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability?
As we discussed in our Spring 2017 issue of The Class Action Chronicle, courts have struggled to define the...more
3/10/2021
/ Administrative Feasibility ,
Ascertainable Class ,
Breach of Contract ,
Class Action ,
Class Certification ,
Class Members ,
Class Representatives ,
Fraudulent Concealment ,
FRCP 23 ,
FRCP 23(b)(3) ,
Racketeering ,
RICO ,
Standing ,
Statute of Limitations
On December 1, 2020, the U.S. Supreme Court heard oral argument in a pair of related cases presenting questions about the scope of the Alien Tort Statute (ATS), a frequent topic of debate before the Court in recent years. In...more
1/7/2021
/ Alien Tort Statute ,
Cargill ,
Child Labor ,
Corporate Counsel ,
Diversity Jurisdiction ,
Extraterritoriality Rules ,
Federal Jurisdiction ,
Foreign Corporations ,
Kiobel v. Royal Dutch Petroleum Co. ,
Nestle ,
Oral Argument
Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When?
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more
8/11/2020
/ Article III ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Class Members ,
Class Representatives ,
Direct Purchasers ,
Discovery ,
Due Process ,
Forum Selection ,
FRCP 23 ,
FRCP 26(b)(1) ,
Mass Tort Litigation ,
Multidistrict Litigation ,
Out-of-State Residents ,
Personal Jurisdiction ,
Putative Class Actions ,
Ripeness ,
SCOTUS ,
Split of Authority ,
Standing ,
Subject Matter Jurisdiction ,
Substantially Similar ,
Vacated ,
Venue ,
Writ of Mandamus
Yesterday, Sen. John Cornyn, R-Texas, joined by Senate Majority Leader Mitch McConnell, R.-Ky., introduced the SAFE TO WORK Act, which would provide substantial and comprehensive liability protection from coronavirus-related...more
7/28/2020
/ 501(c)(3) ,
Burden of Proof ,
Civil Liability ,
Clear and Convincing Evidence ,
Coronavirus/COVID-19 ,
Demand Letter ,
Federal Jurisdiction ,
Federal Pleading Requirements ,
Immunity ,
Infectious Diseases ,
Limited Liability ,
Medical Malpractice ,
Negligence ,
Occupational Exposure ,
Preemption ,
Product Defects ,
Proposed Legislation ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Punitive Damages ,
Rebuttable Presumptions ,
Retroactive Application ,
Safe Harbors ,
Willful Misconduct
On March 27, 2020, Congress approved the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to provide financial assistance to individuals and businesses, which in aggregate greatly exceeds the financial package...more
3/31/2020
/ Airlines ,
Banks ,
Capital Markets ,
CARES Act ,
Commercial Tenants ,
Community Banks ,
Coronavirus/COVID-19 ,
Economic Stimulus ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Grants ,
Federal Loans ,
Federal Reserve ,
Food and Drug Administration (FDA) ,
Forbearance Agreements ,
Foreclosure ,
Health Care Providers ,
Health Insurance ,
Landlords ,
Life Sciences ,
Medical Devices ,
Mergers ,
Mortgages ,
National Security ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Personal Protective Equipment ,
Pharmaceutical Industry ,
Prescription Drugs ,
Property Owners ,
Qualified Immunity ,
Relief Measures ,
Small Business ,
Small Business Loans ,
Supply Chain ,
Tax Credits ,
Tax Deductions ,
Tax Deferral ,
Tenants ,
Unemployment Insurance ,
Virus Testing
The question is no longer whether the volatility created by the COVID-19 pandemic will deepen the difficulties businesses and other institutions face in the coming months, but by how much and in what ways. In the past few...more
3/21/2020
/ Acquisitions ,
Antitrust Provisions ,
Audits ,
Board of Directors ,
Coronavirus/COVID-19 ,
Corporate Restructuring ,
Corporate Taxes ,
Court Closures ,
Debt-Equity ,
Energy Projects ,
Families First Coronavirus Response Act (FFCRA) ,
IRS ,
Liquidity ,
Mergers ,
Power Infrastructure ,
Securities Litigation ,
Shareholder Activism ,
Shareholder Meetings ,
Stock Repurchases
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
1/30/2020
/ Acquisitions ,
Administrative Procedure Act ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Kickback Statute ,
Antitrust Investigations ,
Appeals ,
Arbitration Awards ,
Attorney General ,
Backstop Agreements ,
BEPS ,
BitLicense ,
Blockchain ,
Board of Directors ,
Bonds ,
Capital Markets ,
CFIUS ,
CFTC ,
Chapter 11 ,
Claim Preclusion ,
Class Action ,
Commercial Bankruptcy ,
Common Stock ,
Congressional Investigations & Hearings ,
Congressional Subpoenas ,
Consumer Financial Protection Bureau (CFPB) ,
Cooperation Agreement ,
Copyright ,
Corporate Governance ,
Corporate Restructuring ,
Corporate Social Responsibility ,
Corporate Taxes ,
Corwin Doctrine ,
Covenant Lite Deals ,
Creditors ,
Cross-Border Transactions ,
DACA ,
DE Supreme Court ,
Debt Financing ,
Debtors ,
Department of Justice (DOJ) ,
Dischargeable Debts ,
Disgorgement ,
Disparate Impact ,
Dodd-Frank ,
Down Rounds ,
Drug Pricing ,
EBITDA ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement of Foreign Judgments ,
Enterprise Act 2002 ,
Environmental Social & Governance (ESG) ,
EU ,
Fair Housing Act (FHA) ,
Federal Trade Commission (FTC) ,
FinTech ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Issuers ,
FRCP 23 ,
General Data Protection Regulation (GDPR) ,
General Elections ,
GILTI tax ,
High-Yield Markets ,
Hong Kong ,
Hong Kong Stock Exchange ,
Individual Accountability ,
Initial Public Offering (IPO) ,
Intellectual Property Litigation ,
Intercreditor Agreements ,
International Arbitration ,
International Litigation ,
IRS ,
Issue Preclusion ,
Japan ,
Joint Venture ,
Legislative Agendas ,
Life Sciences ,
Listing Rules ,
Litigation Strategies ,
Make-Whole Premium ,
Mergers ,
MFW ,
Multinationals ,
National Security ,
PCAOB ,
Pharmaceutical Industry ,
Political Parties ,
Preferred Shares ,
Private Offerings ,
Privately Held Corporations ,
Proxy Advisory Firms ,
Publicly-Traded Companies ,
Refinancing ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Separation of Powers ,
Shareholder Activism ,
Shareholder Proposals ,
Shareholders ,
Split of Authority ,
State Labor Laws ,
Stock Drop Litigation ,
Tax Cuts and Jobs Act ,
Tax Litigation ,
Technology Sector ,
Third-Party Release Agrements ,
Transparency ,
UK ,
UK Brexit ,
Valuation ,
White Collar Crimes
Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more
1/27/2020
/ All Natural ,
Appeals ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Corporate Counsel ,
Deceptively Misdescriptive ,
False Advertising ,
FRCP 23 ,
Labeling ,
Multidistrict Litigation ,
Non-Residents ,
Out-of-State Residents ,
Pending Litigation ,
Personal Jurisdiction ,
Rules Enabling Act ,
Settlement Negotiations
In 2019, significant developments are expected on issues that have been percolating in the mass tort and class action litigation arena for several years. The U.S. Supreme Court is expected to rule on cases relating to...more
1/24/2019
/ Arbitration ,
Asbestos Litigation ,
Class Action ,
Class Arbitration ,
Clear Evidence Standard ,
Consumer Protection Laws ,
Cy Pres Funds ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
Forum State ,
In re Google Referrer Header Privacy Litigation ,
Lamps Plus Inc v Varela ,
Mass Tort Litigation ,
Merck Sharp & Dohme Corp. v. Albrecht ,
Multidistrict Litigation ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Preemption ,
Product Defects ,
Proposed Legislation ,
SCOTUS ,
Solicitor General ,
The Fairness in Class Action Litigation Act of 2015 ,
Warning Labels
In this issue, we cover two decisions granting motions to strike/dismiss class claims, three decisions denying such motions, 26 decisions denying class certification or reversing grants of class certification, 22 decisions...more
12/26/2017
/ CAFA ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Decertification ,
FDCPA ,
FRCP 26 ,
Lack of Jurisdiction ,
Motion to Dismiss ,
Motion to Remand ,
Motion To Strike ,
Reversal ,
TCPA
In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more
1/22/2016
/ Article III ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Cy Pres Funds ,
Due Process ,
FRCP 23 ,
Litigation Funding ,
Mass Tort Litigation ,
Multidistrict Litigation ,
SCOTUS ,
Standing ,
Third-Party Relationships ,
Tyson Foods v Bouaphakeo ,
Young Lawyers
On November 17, 2015, a group of Skadden attorneys and corporate counsel joined representatives from more than 20 life sciences companies to discuss U.S. enforcement issues companies throughout the industry face. The key...more
12/15/2015
/ Anti-Kickback Statute ,
Attorney General ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Health Care Providers ,
Healthcare Fraud ,
Medical Devices ,
Medicare Fraud Strike Force ,
Pharmaceutical Industry
In This Issue:
- The Fairness in Class Action Litigation Act of 2015
- Class Certification Decisions:
..Decisions Granting Motions to Strike/Dismiss Class Claims
..Decisions Denying Motions to...more
6/17/2015
/ Breach of Contract ,
CAFA ,
Chamber of Commerce ,
Class Action ,
Class Certification ,
Commonality ,
Damages ,
Declaratory Relief ,
Discovery ,
Dukes v Wal-Mart ,
Estoppel ,
FACTA ,
FDCPA ,
FRCP 23 ,
Injunctive Relief ,
Jurisdiction ,
Leave to Amend ,
Local Controversy Exception ,
Motion to Dismiss ,
Motion To Strike ,
Predominance Requirement ,
Product Defects ,
Putative Class Actions ,
Reasonable Person Test ,
Remand ,
Res Judicata ,
Rule 68 ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA ,
The Fairness in Class Action Litigation Act of 2015
In This Issue:
- Nexium and the Problems of Overbroad Class Actions
- Class Certification Decisions:
..Decisions Granting Motions to Strike/Dismiss Class Claims
..Decisions Denying Motions to Strike/Dismiss...more
The most watched class action of the past year was the Glazer case — a rare occurrence of a consumer class action trial — which resulted in a defense victory. See In re Whirlpool Corp. Front-Loading Washer Prods. Liab. Litig....more
Yesterday, the U.S. Supreme Court addressed an important question governing the procedure for removing cases to federal court — whether a defendant must attach evidence in support of key jurisdictional facts, such as the...more
This is the sixth 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...more
This is the fifth 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...more
In This Issue:
- Avoiding Class Certification Through an Offer of Judgment
- CLASS CERTIFICATION DECISIONS:
..Decisions Granting Motions to Strike
..Decisions Denying Motions to Strike...more