Amended Rules Five Months Later: Early Trends in Case Law and What It Means
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
In a consumer class action pending in California, the Ninth Circuit recently vacated a discovery order that would have forced Williams-Sonoma - prior to class certification - to identify all of its California customers who...more
Earlier this year, the Ninth Circuit held that plaintiffs cannot avail themselves of liberal discovery rules in order to locate class representatives. The court found that Rule 26(b)(1) of the Federal Rules of Civil...more
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