News & Analysis as of

Discovery FRCP 23

Nextpoint, Inc.

7 Key Questions to Consider When Directing Multi District Litigation in a Modern Digital Age

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The volumes of data involved in Multi District Litigation and Class Actions are exploding in both size and diversity, with no end in sight. Analysts project that the volumes of data being produced will double every two years,...more

Kilpatrick

Motions to strike class allegations: Ninth Circuit vacates order striking class allegations, ruling class discovery must go...

Kilpatrick on

Takeaway: In a prior post, we reported on a Central District of California decision granting an early motion to strike class allegations. Don’t miss the chance to strike out class actions (Feb. 27, 2019). But on appeal,...more

Pierce Atwood LLP

What’s So Different About Class Action Mediation?

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The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more

Payne & Fears

Key California Employment Law Cases: July 2020

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Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Perkins Coie

Ninth Circuit Issues Favorable Class Action Ruling for Defendants

Perkins Coie on

The parties to class action litigation frequently contest whether plaintiffs are entitled to pre-certification discovery aimed at identifying additional or replacement class representatives. The U.S. Court of Appeals for the...more

Seyfarth Shaw LLP

Court Declines To Certify Class Of Sexually Assaulted Hospital Patients

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Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more

Proskauer Rose LLP

Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way - Insights - Proskauer Rose LLP

Proskauer Rose LLP on

Antitrust class action counsel are in the business of extracting cash from defendants in the form of settlements that are, in effect, a tax on every transaction in the market covered by the case. The bigger the market, the...more

Hanzo

Solving the Problem(s) of Multidistrict Litigation, Part 1: Early Identification of Meritless Claims

Hanzo on

Multidistrict litigation (MDL) has become a major component of the U.S. civil litigation system. MDLs now make up over half of the total civil caseload in the U.S., with product liability cases comprising the vast majority of...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Invalidates Local Rule Requiring Class Certification Motions to Be Brought Within 90 Days

• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint. • The 9th Circuit in ABS Entertainment overturned Local Rule...more

Polsinelli

Turning the Tables in Class Action Discovery: Conducting Merits Discovery Prior to Class Certification Remains a Viable Defense...

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Class actions often are lengthy and costly undertakings for defendants, and the discovery process can demand the most significant amount of resources. When discovery on class certification issues is then followed by merits...more

Foley & Lardner LLP

A Primer: Wisconsin's New Class Action Statute

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The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more

Kilpatrick

Filing An Early Motion To Strike Class Allegations

Kilpatrick on

A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to strike class allegations where it is obvious that a class cannot be certified....more

Moore & Van Allen PLLC

Congressional Overhaul of Class Action Procedure Pending Senate Consideration

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As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA)...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

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Seyfarth Shaw LLP

Court Rejects The EEOC’s Request For A Free Pass From Discovery In Pattern Or Practice Lawsuit

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In an order recently issued in EEOC v J.R. Baker Farms, LLC, et al., Case No. 7:14-CV-136 (M.D. Ga. Sept. 9, 2015), Senior Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia compelled the EEOC to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

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