Historically, plaintiffs seeking monetary damages and wishing to pursue their case as a class action have sought certification under Federal Rule of Civil Procedure 23(b)(3), but this has become increasingly difficult. In recent years, there has therefore been a rise in the invocation of Rule 23(c)(4) at the class certification stage, often as an alternative argument (if the court finds that plaintiffs have not met their burden under Rule 23(b)(3)), but even occasionally as a…

The Illinois Supreme Court issued a decisive blow on June 4, 2020, to destination plaintiffs seeking to forum-shop in Illinois. Following the U.S. Supreme Court’s lead, the Illinois top court held in Christy Rios et al., v. Bayer Corporation et al., 2020 IL 125020 (June 4, 2020), that Illinois lacks personal jurisdiction over nonresident defendants when there is no “meaningful” link between the defendants’ conduct in Illinois and the nonresident plaintiffs’ claims. Notwithstanding nonresident defendants’ general…

Greenberg Traurig Shareholder Frank Citera will serve as a member of the case study evaluation panel for the 2020 Saint Louis University Consumer Product Safety Certification Program. Click here to read the full event description, “2020 Saint Louis University Consumer Product Safety Certification Program.”…

The Telephone Consumer Protection Act of 1991, codified as 47 U.S.C § 227 (TCPA), and its implementing regulations (to the extent applicable) have caused confusion since their enactment.1 At times, determining who may be called, texted, or faxed seems like playing a game of three-dimensional chess. Gaining an understanding of the statute and its regulations is the first step to ensure compliance and avoid potentially costly litigation and liability, which could include, among other things, individual…

Yesterday, March 26, 2020, the U.S. Environmental Protection Agency (EPA) published a memorandum titled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program. This guidance comes at a time when the Coronavirus Disease 2019 (COVID-19) has upended ‘business as usual’ throughout the country and the world. Consumers empty shelves of hand sanitizer, health care workers face shortages of personal protective equipment, and ventilators for patients are in short supply. Many industries are pivoting, altering…

On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the prevention or treatment of the Coronavirus Disease 2019 (COVID-19). In addition to issuing the joint warning letters, the FDA issued a press release announcing the actions taken and pages on its website (www.fda.gov) dedicated to COVID-19 issues. The FDA also posted an album…

On Feb. 20, 2020, roughly one year after announcing its comprehensive per- and polyfluoroalkyl substances (PFAS) action plan, the Environmental Protection Agency (EPA) issued a preliminary regulatory determination under the Safe Drinking Water Act (SDWA) for the two most-studied of the chemicals, perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). This is the initial step in the process of promulgating a National Primary Drinking Water Regulation and imposing an enforceable “maximum contaminant level” (MCL) for…