Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes generally seek...more
Key Points -
The en banc 9th Circuit clarified numerous rules applicable to class actions brought under Rule 23(b)(3) of the Federal Rules of Civil Procedure. The court’s watershed decision in Olean Wholesale Grocery v....more
- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more
6/18/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Representatives ,
FRCP 23(f) ,
Litigation Fees & Costs ,
Microsoft v Baker ,
Mootness ,
Putative Class Actions ,
Settlement Agreements ,
Settlement Negotiations
Key Points
- On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more
Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more
6/7/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Contract Disputes ,
Corporate Counsel ,
EU ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
FRCP 23(b)(3) ,
Injunctions ,
Member State ,
Negligence ,
Notice Requirements ,
Putative Class Actions
• A U.S.-style class action regime looms large in the European Union.
• The current draft legislation imports certain hallmarks of the system celebrated by U.S. plaintiffs’ lawyers, but there is uncertainty over what...more
6/5/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Collective Redress ,
EU ,
European Parliament ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Frivolous Lawsuits ,
Injunctions ,
Member State ,
Multinationals ,
Proposed Legislation
• As evidenced by a recent opinion issued in the Northern District of Illinois, district courts continue to wrestle with the applicability of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court of...more