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
5/30/2024
/ Class Action ,
Contamination ,
Corporate Counsel ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
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
4/26/2019
/ Causation ,
Class Action ,
Class Certification ,
Contaminated Properties ,
Denial of Certiorari ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Groundwater ,
Injury-in-Fact ,
Predominance Requirement ,
Property Damage ,
SCOTUS ,
Strict Product Liability
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
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
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
3/7/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Decertification ,
Equitable Tolling ,
Federal Rules of Appellate Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
SCOTUS
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
6/27/2017
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Final Judgment ,
FRCP 23 ,
Interlocutory Appeals ,
Microsoft v Baker ,
Reversal ,
SCOTUS ,
Voluntary Dismissals