News & Analysis as of September 21, 2024

Statute of Limitations › FRCP 23(b)(3)

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

The Class Action Chronicle

Skadden, Arps, Slate, Meagher & Flom LLP on 3/10/2021

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? As we discussed in our Spring 2017 issue of The Class Action Chronicle, courts have struggled to define the...more

Ohio Federal Court Rules That Varying “Interests” And “Feelings” Among Putative Class Members Prevents Class Certification

Seyfarth Shaw LLP on 4/27/2020

Seyfarth Synopsis: Although federal courts are certifying class actions at a record rate, a recent opinion by the U.S. District Court for the Southern District of Ohio demonstrates that the requirements of Rule 23 are not...more

Northern District Of Illinois Certifies Class In A Commodities Market Manipulation Suit, Holding That Proposed Class Made A...

A&O Shearman on 1/14/2020

On January 3, 2020, Judge Edmond E. Chang of the United States District Court for the Northern District of Illinois Eastern Division granted Plaintiffs’ motion to certify a class of investors in an action alleging that two...more

Class Certification Denied in Universal Life “Risk Rates” Litigation

Carlton Fields on 7/23/2019

Individualized defenses and choice-of-law issues played a key role in preventing class certification in a recent challenge to a life insurer’s discretion to adjust its “risk rates” on universal life (UL) insurance policies....more

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

Hanzo on 4/2/2019

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

The Class Action Chronicle - Midyear Update 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 10/13/2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

Defending Against Class Actions: Four Strategies for ERISA Litigation

Faegre Drinker Biddle & Reath LLP on 6/20/2018

They are the words in-house counsel dread to see in the caption of a new lawsuit: “on behalf of themselves and all others similarly situated.” ERISA class actions present special challenges and risks to plan sponsors and...more

Supreme Court Considers an Expansion of Class-Action Tolling

Patterson Belknap Webb & Tyler LLP on 5/10/2018

On March 26, 2018, the Supreme Court heard argument in China Agritech, Inc. v. Resh (No. 17-432), a case in which the justices will determine whether a plaintiff whose otherwise untimely claim has been tolled by the rules...more

Will The Supreme Court Allow Class Action Stacking?

Foley & Lardner LLP on 3/30/2018

Parties have long argued over 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 fails to be certified for any...more

Ninth Circuit Holds Statute of Limitations Applicable to Class Action May Be Tolled By Prior Lawsuit

Haight Brown & Bonesteel LLP on 5/31/2017

In Resh v. China Agritech, No. 15-55432, published May 24, 2017 (Resh), the Ninth Circuit Court of Appeals held that a would-be class action is not time barred where (1) the plaintiffs were unnamed plaintiffs in two earlier...more

Alleged Violations of Florida Building Code Not Subject to Class Treatment

Carlton Fields on 5/10/2017

Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private...more

"Insights Conversations: Securities Litigation"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/19/2016

From the impacts of U.S. Supreme Court Omnicare and Halliburton cases to the uptick in Securities Act class actions, litigation partners Scott Musoff and Susan Saltzstein discuss the latest securities litigation developments....more

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