When negotiating a class action settlement, lawyers on both sides may need to consider whether subgroups within the class need to be separately represented by different counsel. The First Circuit recently reached that...more
This week, in China Agritech, Inc. v. Resh, the U.S. Supreme Court ruled that, under its prior decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), the filing of a putative class action suit tolls the...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
Here are my highlights from the second day of DRI’s 2017 Class Action Seminar:
Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) -
Neal Katyal is a leading Supreme Court advocate and is litigating...more
8/3/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Ethics ,
FRCP 23 ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Settlement ,
TCPA
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more
6/20/2017
/ Article III ,
Class Action ,
Class Certification ,
Design Defects ,
Dismissal With Prejudice ,
FRCP 23 ,
FRCP 23(f) ,
Interlocutory Appeals ,
Microsoft v Baker ,
SCOTUS ,
Standing ,
Xbox
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more
One of the first significant class action appellate decisions of 2017 was issued this week. In Briseno v. ConAgra Foods, Inc., No. 15-55727 (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require that it...more
Ascertainability has been a hot topic in class action appeals recently. The Third Circuit recently clarified its ascertainability standard (see my April 20 blog post). The committee considering potential Rule 23 amendments is...more
As I’ve done in past years, this post and the next one will summarize some takeaways I gleaned from this year’s DRI Class Action Seminar.
Impact of Dart Cherokee: Nowell Berreth, who argued this case in the Supreme...more
7/28/2015
/ Attorney's Fees ,
CAFA ,
Class Action ,
Dart Cherokee Basin Operating Co. v. Owens ,
Daubert Standards ,
Dukes v Wal-Mart ,
FRCP 23 ,
Insurance Industry ,
Mediation ,
SCOTUS ,
Wal-Mart
The Rule 23 Subcommittee of the federal Judicial Conference Advisory Committee on Civil Rules recently issued a report with proposed amendments to Rule 23. These are at an early stage and far from final recommendations....more
The Third Circuit recently joined the Seventh, Eighth, and Ninth Circuits in holding that, where a Daubert challenge is made to the use of expert testimony in support of class certification, the Daubert challenge must be...more
Halliburton v. Erica P. John Fund Decision:
Aaron Streett, who argued the Halliburton v. Erica P. John Fund, Inc. case in the Supreme Court, spoke about the decision. The Court declined to overrule the efficient...more