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
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
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 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
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