Despite the significant passage of time since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, courts continue to wrestle with whether state statutory class action bars are...more
As we have noted in prior posts, many states require courts to bifurcate punitive damages trials upon the defendant’s request. The question therefore arises whether a federal court sitting in diversity must or, at least...more
Numerous states have adopted statutory bans on “unfair” or “deceptive” trade practices. When state legislature enacted those statutes, most of them decided to let consumers sue directly for damages. However, many state...more
The Alabama Deceptive Trade Practices Act’s (ADTPA) restriction on private class actions does not apply in federal court. Federal Rule 23 controls. That’s what the Eleventh Circuit recently held, relying on Shady Grove...more