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Ascertainability & In Re Nexium – The Side-Effects Continue

As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

A New Justice: Any Change For Class Actions?

This week, Justice Gorsuch donned his black robes and began hearing arguments alongside his new colleagues on the Supreme Court. With his elevation to the high court, Justice Gorsuch assumes many new responsibilities. Some,...more

Spokeo, Inc. v. Robins and the No-Injury Class Action

Class action practitioners have been closely watching Spokeo, Inc. v. Robins, a case before the Supreme Court on appeal from the Ninth Circuit. Spokeo presented the Court with the opportunity to decide whether a plaintiff...more

Consumer Financial Protection Bureau Publishes Proposed Rule Precluding Class Action Waivers in Arbitration Clauses

As we reported last year, in October 2015 the Consumer Financial Protection Bureau published an outline of proposals that would limit the use of arbitration provisions in contracts for consumer financial products. On May 5,...more

CFPB Proposal Would Make Class Actions More Likely. Here's What's Next.

On Wednesday, October 7, the Consumer Financial Protection Bureau issued proposals that would, if adopted, limit the use of arbitration provisions in contracts for consumer financial products. The CFPB’s proposals would not...more

OMNICARE: Supreme Court Clarifies Whether Statements of Opinion by Companies and their Executives are Actionable under the Federal...

This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the...more

In re Nexium Antitrust Litigation – A Mixed Prescription

As my colleague Don Frederico noted in his January 24th post, a divided First Circuit panel recently affirmed the district court’s class certification decision in In re Nexium Antitrust Litigation. In so doing, the First...more

Mississippi ex rel. Hood v. AU Optronics Corporation: Finding CAFA To Be As Clear As An LCD

On Tuesday, the Supreme Court once again weighed in with a decision regarding class actions, but this time with a twist. In what is a rare event in the class action context, the Court handed down a unanimous decision in...more

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