Topic
class certification
957 published works
SDNY Blog
Judge Rakoff Won’t Stay Petrobras Securities Trial, Calls Delay “Bane” of U.S. Legal System
Last week, Judge Rakoff denied a request from the defendants in a group of Petrobras securities cases to stay a September trial date pending the Second Circuit's consideration of an interlocutory…
Corporate Defense and Disputes
U.S. Court of Appeals to Consider Class-Certification Ruling in Petrobras Securities Litigation
The U.S. Court of Appeals for the Second Circuit has allowed the defendants in the Petrobras securities litigation to pursue an immediate appeal from the District Court’s order certifying classes…
Labor Days
The Fourth Bite at the Apple Uncovers a “Worm” for Duane Reade
Just last week, we offered a web training to our clients highlighting the continuing challenges faced by employers as they strive to comply with state and federal wage and hour…
Energy & Environmental Law Adviser
Eighth Circuit Rejects Class Certification in Environmental Contamination Case
By Alex Garel-Frantzen, Aphrodite Kokolis
The U.S. Court of Appeals for the Eighth Circuit has reversed class certification in a case involving claims of alleged environmental contamination. Ebert v. General Mills, Inc.[1] illustrates that class…
Corporate & Securities Law Blog
Eighth Circuit Reverses District Court for Ignoring Price-Impact Evidence That Rebutted the Fraud-on-the-Market Presumption and Defeated Class Certification
By John Landry, Jonathan Moss, John Stigi
In IBEW Local 98 Pension Fund v. Best Buy Co., Inc., No. 14-3178 (8th Cir. Apr. 12, 2016), the United States Court of Appeals for the Eighth Circuit held, in…
The California Employment Law Blog
Chen v. Allstate: Depositing Money into Escrow Account Does Not Moot Putative Class Action; Plaintiff Must Have "Fair Opportunity" to Move for Certification
In Campbell-Ewald Co. v. Gomez (SCOTUS 1/21/16) (discussed here), the Supreme Court of the United States held that an unaccepted offer to satisfy the named plaintiff ’s individual claim does…
Class Action Lawsuit Defense
Eighth Circuit Becomes First Appellate Court to Apply Halliburton II Price Impact Analysis
The Eighth Circuit has become the first federal circuit court to apply the Supreme Court’s Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (Halliburton II)…
Class Action Countermeasures
Defying Expectations, Supreme Court’s Tyson Decision Avoids “Broad and Categorical Rules” on Use of Statistical Evidence in Class Actions
By The Editors
Expectations were high in the class action world for the Supreme Court’s recent decision in Tyson Foods, Inc. v. Bouaphakeo. At first blush, however, Tyson seems to be neither the…
Antitrust Law Source
Supreme Court refuses to deny use of “representative evidence” to certify a class
By Jay L. Levine, Porter Wright
Faced with what defense lawyers hoped would be another arrow in their quiver to fight class certification, the Supreme Court refused to slam the door on the use of “representative…
Class Action & Mass Torts
Mooting Plaintiff’s Class Action Even After Plaintiff Refuses An Offer Of Judgment
By Eric DiIulio, Shannon Petersen
For years, litigants have battled over whether a defendant’s offer of judgment, which completely satisfies the plaintiff’s individual claim, can moot a class action. In Campbell-Ewald v. Gomez, 136 S.…