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Bristol-Myers Squibb Continues to Be a Mixed Bag in the Class Action Context

Courts are still going both ways on applying Bristol-Myers Squibb to class actions. Two recent decisions highlight this split. The first—and we’ll always start with the good news—comes out of the District of Massachusetts...more

They Don’t Call It the Wild West for Nothing: The Ninth Circuit Reverses Denial of Class Certification Because Trial Court Kept...

The Ninth Circuit’s decision not to grant en banc rehearing in Sali v. Corona Regional Medical Center should all but guarantee that the issue of expert testimony at the class certification stage is heading to the Supreme...more

A Brief Look at Justice Kennedy’s Rule 23 Record

While he often kept us guessing about how he might vote in politically significant cases, retiring Justice Anthony Kennedy was far more predictable on class action issues over the course of his 30-year tenure on the Supreme...more

The Standing Trap: Will a Spokeo Challenge Lock a Class Action Defendant into a State Court Forum?

Spokeo v. Robins – which confirmed that a plaintiff’s allegation of a defendant’s statutory violation without accompanying concrete harm fails to satisfy Article III’s “case or controversy” requirement – has brought the issue...more

Dealing with Competing Class Actions, Part One – Race to Judgment and First-to-File Rule

Multiple actions involving the same subject matter and the same defendant are a common feature of the U.S. class action landscape. In this series of blog posts, we’ll examine the problem of competing class actions, which...more

Target Data Breach Settlement: Eighth Circuit Orders Trial Court To Reconsider Class Certification

The U.S. Court of Appeals for the Eighth Circuit has sent the Target data breach consumer class action settlement back to the trial court for a second look at class certification, holding that the district judge did not...more

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