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Mandatory Disclosure on "Forever Chemicals," PFAS, in One State Propagates Consumer Class Action in Another

In what appears to be a new pathway for PFAS litigation, California plaintiffs recently filed a lawsuit against the manufacturer of BIC razors stemming from disclosures the company made under Maine's PFAS law, which were...more

SCOTUS Declines to Review Ruling in Toxic Tort Case

The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more

Department of Justice Increasingly Challenges Class Settlements

The Situation: Under the Class Action Fairness Act, the Department of Justice may object to federal class action settlements it believes are unfair or inequitable to unnamed class members. The Result: In the past year,...more

Increased Scrutiny Means Increased Costs: Amended Rule 23 and Class Settlement Approval

The Situation: Recently amended Federal Rule of Civil Procedure 23(e)(2) requires courts to analyze several factors in evaluating whether to approve class settlements. The Result: Class action settlements that would...more

Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals

The Court's decision reinforces the inflexibility of the Federal Rules' deadline to file petitions for permission to appeal and cautions against reliance on equitable principles, even where diligence and good cause may exist....more

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more

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