News & Analysis as of

Class Action Split of Authority Federal Rules of Civil Procedure

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.
Holland & Knight LLP

Labcorp v. Davis: Will U.S. Supreme Court Resolve Circuit Split Over Article III Standing?

Holland & Knight LLP on

The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule...more

Goodwin

Supreme Court Decides Pleading Standard to Allege ERISA Prohibited-Transaction Claims, Favoring Plaintiffs

Goodwin on

Key takeaway: The Supreme Court held that to state an ERISA prohibited-transaction claim under 29 U.S.C. § 1106(a), a plaintiff needs only to plausibly allege the elements contained in § 1106(a) itself and does not need to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

Sheppard Mullin Richter & Hampton LLP

Split of Authority Emerges Regarding Whether Employers Can Dismiss PAGA Lawsuits on Manageability Grounds

On March 23, 2022, the California Court of Appeal for the Fourth District in Estrada v. Royalty Carpet Mills, Inc., ruled that courts do not have authority to strike a claim under the Private Attorneys General Act (“PAGA”)...more

Epiq

Class Action Standing

Epiq on

Putative class action claims often have the potential to reach individuals across state lines, therefore invoking multiple state laws. This can be an obstacle to class certification. Say a plaintiff files a lawsuit against a...more

A&O Shearman

Supreme Court Holds Voluntary Dismissal With Prejudice Does Not Constitute An Appealable "Final Decision" That Would Allow The...

A&O Shearman on

On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more

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