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mindgrub

mindgrub

This author mindgrub has created 78 entries.

The effect of the Nexium decision on product defect class actions

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The First Circuit’s split decision last week affirming class certification in the Nexium antitrust case is sure to receive much attention in product defect class actions.  Over the last several years, a chief battleground in such actions has been the import of the fact that many of the people that bought the particular product – indeed, often an overwhelming majority of those people – had no problem at all with it after many years of use…

In re Nexium Antitrust Litigation – A Mixed Prescription

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As my colleague Don Frederico noted in his January 24th post, a divided First Circuit panel recently affirmed the district court’s class certification decision in In re Nexium Antitrust Litigation.  In so doing, the First Circuit weighed in on a critical issue that arises in many class cases:  is class certification proper where certain members of the class have not suffered injury?

Supreme Court Clarifies Defendants’ Evidentiary Burden at Removal Stage as to the Amount in Controversy and Halts Tenth Circuit from Applying More Onerous Requirements on Defendants

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The United States Supreme Court held this week in Dart Cherokee Basin Operating Co., LLCv Owens that defendants removing cases from state to federal court, including class action defendants…