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Class Action › Bifurcation

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Latham & Watkins LLP

English Court of Appeal Issues Guidance on Representative Actions in Securities Claims

Latham & Watkins LLP on

A landmark judgment from the Court of Appeal has clarified when representative proceedings may be issued on a bifurcated basis and the application of the regime to securities claims....more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

BCLP on

The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

McGuireWoods LLP

Re-Evaluating Bifurcated Discovery in Class Actions After a Recent Seventh Circuit Decision

McGuireWoods LLP on

A new Seventh Circuit decision – Santiago v. City of Chicago – bolsters the strategy among some class action defense lawyers to not bifurcate class certification and merits discovery. This strategy instead contemplates that...more

Sheppard Mullin Richter & Hampton LLP

Beware BIPA Bifurcation: Plaintiffs’ New Gambit to Split BIPA Claims Between State and Federal Courts

Sheppard Mullin Richter & Hampton LLP on

The Illinois Biometric Information Privacy Act (BIPA) has spawned hundreds of class action lawsuits and a raft of unresolved issues. A core issue from a litigation perspective—as well as for companies bracing for potential...more

Seyfarth Shaw LLP

Court Rejects Individual Pattern And Practice Claim And Enforces Arbitration Agreement In Discrimination Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more

Foley & Lardner LLP

Challenging Limited Issue Class Actions

Foley & Lardner LLP on

A class action that aggregates the claims of individual plaintiffs against a common defendant can promote judicial economy and maximize efficiency. However, even the pursuit of class certification can promote abuse. In the...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Mayer Brown

Why Shady Grove Should Be No Impediment To Obtaining Bifurcation In Federal Court

Mayer Brown on

As we have noted in prior posts, many states require courts to bifurcate punitive damages trials upon the defendant’s request. The question therefore arises whether a federal court sitting in diversity must or, at least...more

Carlton Fields

Strategies In Class Action Engagement: Special Discovery Requirements

Carlton Fields on

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. It begins our discussion of aspects of discovery unique to class actions. ...more

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