Skip to main content

Case

Smith v. Bayer Corp.

35 published works

  1. Wage & Hour Litigation Blog

    How to Kill a Copycat Class Action

    By Michael Fucci, Seyfarth Shaw LLP

    Co-authored by Brandon McKelvey, Tim Nelson, and Robb McFadden If class certification is denied, can a plaintiff’s lawyer simply find a new representative plaintiff, file a new class action, and…

  2. Drug & Device Law

    Thirty Days In The Hole?

    By Bexis

    Three days ago, the United States Supreme Court unanimously upheld the federally-backed regime in Cafastan against the latest insurgent assault in Standard Fire Insurance Company v. Knowles, ___ S. Ct. ___, 2013 WL…

  3. Class Action Countermeasures

    Comity Still Matters – Baker v. Home Depot USA (ND Ill)

    By The Editors

     Since the Supreme Court issued its opinion in Smith v. Bayer Corp., comity has become a more important doctrine to the class action world. Bayer, as you may recall, said…

  4. Class Actions Insider

    Comity Does Not Make Class Certification Decisions Binding According to the Seventh Circuit

    By Wystan Ackerman

    Last year, in Smith v. Bayer Corp., 131 S. Ct. 2368 (2011), the Supreme Court held that a denial of class certification was not binding on absent members of the…

  5. Class Action Countermeasures

    Two Views of Comity in Class Actions

    By The Editors

     Last week, there were two appellate opinions, one from the Seventh Circuit and one from the Tenth, that are worth some attention. They're worth discussing together as well, because while…

  6. Civil Procedure & Federal Courts Blog

    Decision of Interest on “Copycat Class Action Litigation”: Smentek v. Dart (7th Cir.)

    By Civil Procedure & Federal Courts Blog

    Judge Posner authored an interesting opinion this week in Smentek v. Dart (7th Cir. No. 11-3261). The case raises issues flowing from the Supreme Court’s decision last Term in Smith…

  7. Class Action & Mass Torts

    Seventh Circuit Reluctantly Opens The Door For Copy-Cat Class Action Suits

    By Seyfarth Shaw LLP

    By Gerald L. Maatman, Jr. and Jennifer A. Riley In the concluding chapter of a long-running class action saga, on May 1, 2012, the Seventh Circuit vacated its order enjoining…

  8. Class Action Lawsuit Defense

    Seventh Circuit Orders Vacatur of Injunction

    By Deborah Renner

    In Thorogood v. Sears, Roebuck & Co., 2012 WL 1508226 (7th Cir. May 1, 2012),  the Seventh Circuit considered the propriety of an All Writs Act injunction in the face…

  9. Class Actions Insider

    Decertification Likely Has Binding Effect, But Can Defendants Give a Denial of Certification the Same Effect?

    By Wystan Ackerman

    A recent opinion by the Western District of Pennsylvania reminded me of an interesting wrinkle of class action law:  the decertification of a class that was previously certified typically has…

  10. Class Action Lawsuit Defense

    Supreme Court Limits Use of Injunctions to Thwart Relitigation of Denial of Certification

    By Jennifer Vessells

    In an opinion written by Justice Kagan, the Supreme Court’s recent decision in Smith v. Bayer, 131 S. Ct. 2368 (2011) leaves class action plaintiffs with a way in which…