Courts are still going both ways on applying Bristol-Myers Squibb to class actions. Two recent decisions highlight this split.
The first—and we’ll always start with the good news—comes out of the District of Massachusetts...more
The Ninth Circuit’s decision not to grant en banc rehearing in Sali v. Corona Regional Medical Center should all but guarantee that the issue of expert testimony at the class certification stage is heading to the Supreme...more
While he often kept us guessing about how he might vote in politically significant cases, retiring Justice Anthony Kennedy was far more predictable on class action issues over the course of his 30-year tenure on the Supreme...more
7/19/2018
/ Article III ,
CAFA ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Federal Arbitration Act ,
FRCP 23 ,
Mass Tort Litigation ,
Personal Jurisdiction ,
Presidential Nominations ,
SCOTUS
Spokeo v. Robins – which confirmed that a plaintiff’s allegation of a defendant’s statutory violation without accompanying concrete harm fails to satisfy Article III’s “case or controversy” requirement – has brought the issue...more
5/29/2018
/ Actual Injuries ,
Article III ,
Class Action ,
Corporate Counsel ,
Debit and Credit Card Transactions ,
FACTA ,
Federal Rule 12(b)(1) ,
Forum ,
FRCP 23 ,
Injury-in-Fact ,
Remand ,
Spokeo v Robins ,
Standing ,
Statutory Violations ,
Subject Matter Jurisdiction
From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more
1/26/2018
/ American Pipe & Construction Co. v. Utah ,
Appellate Review ,
Ascertainable Class ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Congressional Review Act ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
FACTA ,
FCC ,
Financial Institutions ,
FRCP 23 ,
Microsoft v Baker ,
New Amendments ,
Personal Jurisdiction ,
Retirement ,
Richard Posner ,
SCOTUS ,
Securities Act of 1933 ,
SLUSA ,
Split of Authority ,
Spokeo v Robins ,
Statutory Damages ,
Subject Matter Jurisdiction ,
TCPA ,
The Fairness in Class Action Litigation Act of 2015 ,
Tolling ,
Trump Administration ,
Voluntary Dismissals
Multiple actions involving the same subject matter and the same defendant are a common feature of the U.S. class action landscape. In this series of blog posts, we’ll examine the problem of competing class actions, which...more
The U.S. Court of Appeals for the Eighth Circuit has sent the Target data breach consumer class action settlement back to the trial court for a second look at class certification, holding that the district judge did not...more