Case
Smith v. Bayer Corp.
35 published works
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…
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…
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…
Class Actions Insider
Comity Does Not Make Class Certification Decisions Binding According to the Seventh Circuit
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…
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…
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…
Class Action & Mass Torts
Seventh Circuit Reluctantly Opens The Door For Copy-Cat Class Action Suits
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…
Class Action Lawsuit Defense
Seventh Circuit Orders Vacatur of Injunction
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…
Class Actions Insider
Decertification Likely Has Binding Effect, But Can Defendants Give a Denial of Certification the Same Effect?
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…
Class Action Lawsuit Defense
Supreme Court Limits Use of Injunctions to Thwart Relitigation of Denial of Certification
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…