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Putative Class Actions Affirmative Defenses

Robinson+Cole Class Actions Insider

Rules Enabling Act Key to New Ninth Circuit Decision on Class Certification

A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any...more

WilmerHale

Combating Affirmative Defense Inflation

WilmerHale on

Earlier this month, a magistrate judge in the Northern District of California dealt another blow to the “kitchen sink” approach to pleading affirmative defenses. In Wesch v. Yodlee, Inc., Magistrate Judge Sallie Kim granted...more

A&O Shearman

Eastern District Of New York Dismisses Putative Class Action Regarding Mutual Fund Disclosures For Failure To Adequately Allege...

A&O Shearman on

On June 25, 2019, Judge Arthur Spatt of the United States District Court for the Eastern District of New York dismissed with prejudice a putative securities class action brought by investors in a mutual fund asserting...more

K&L Gates LLP

Second Circuit Rejects Use of Rule 67 to Moot Class Representative’s Claims

K&L Gates LLP on

In Radha Geismann, M.D., P.C. v. ZocDoc, Inc., the Second Circuit declined to allow the defendant-appellee to moot a putative class action by depositing $20,000—in full settlement of the plaintiff-appellant’s individual...more

Payne & Fears

Minor League Compensation and the Save America’s Pastime Act of 2018

Payne & Fears on

“BASEBALL IS LIFE. The rest is just details.” To members of the Green Valley High School (Henderson, Nevada) varsity baseball team in the mid-1990s, this wasn’t just a catchphrase on a t-shirt; it was gospel. We lived and...more

Akin Gump Strauss Hauer & Feld LLP

7th Circuit Balks At Class Action Defendant’s Attempt To Pick-Off Lead Plaintiff

On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more

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