News & Analysis as of

Class Members Federal Rules of Civil Procedure FRCP 23

Katten Muchin Rosenman LLP

Tackling the Unexecuted Damages Model Dilemma When Opposing Class Certification – Ninth Circuit Decision Offers Important Insights

Earlier this year, the Court of Appeals for the Ninth Circuit issued its decision in Lytle v. Nutramax Labs, Inc., finding that a class action plaintiff may rely on a model to demonstrate that damages are susceptible to...more

McDermott Will & Emery

A Practical Guide to the Undistributed Settlement Funds Problem and the Cy Pres Solution

When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case,...more

Goodwin

Eleventh Circuit Holds Administrative Feasibility is Not a Requirement for Class Certification

Goodwin on

On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to...more

Proskauer - Minding Your Business

2018 Amendments to Rule 23 – Summarized

Effective December 1 of this year, Rule 23 of the Federal Rules of Civil Procedure – governing class action lawsuits – was amended. Among other things, the amendments modernize the rule with respect to electronic...more

Jackson Lewis P.C.

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

Jackson Lewis P.C. on

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth...more

Troutman Pepper Locke

China Agritech, Inc. v. Resh: Supreme Court Stops Potentially Never-Ending Statute of Limitations, Finds American Pipe Does Not...

Troutman Pepper Locke on

The U.S. Supreme Court in China Agritech v. Resh, 2018 WL 2767565 (June 11, 2018) ruled that the American-Pipe doctrine—under which filing a class action tolls the statute of limitations for later-filed individual claims—does...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS: Follow-on Class Claims Time Barred Under American Pipe and Its Progeny

The U.S. Supreme Court issued its decision in China Agritech v. Resh et al., a decision concerning the U.S. Court of Appeals’ application of the tolling rule first stated in American Pipe & Constr. Co. v. Utah and later...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides China Agritech, Inc. v. Resh

On June 11, 2018, the Supreme Court of the United States decided China Agritech, Inc. v. Resh, No. 17-432, holding that a member of a failed federal class action may not use the tolling rule of American Pipe & Construction...more

Foley & Lardner LLP

Justices Scrutinize the Pros and Cons of Extending American Pipe Tolling

Foley & Lardner LLP on

As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action...more

Bass, Berry & Sims PLC

Chris Lazarini Examines New York Court's Definition of "Class Action" and "Members of the Class"

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the New York Court of Appeals provided guidance on Rule 908 of the New York Civil Practice Law and Rules, deciding that Rule 908 requires sending notice of a...more

Goodwin

Business Litigation Reporter - April 2017

Goodwin on

Representations and Warranties Insurance Policies – Lessons from the Claims Process - Representations and warranties insurance policies (R&WI Policies)—designed to protect parties from loss arising from breaches of...more

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