Class Action Settlements
July 21, 2012 / January 4, 2023 by mindgrub
In an April 30th post, we described the First Circuit's recent decision in In re: Lupron Marketing and Sales Practices Litigation, in which the court for the first time articulated the stand...
Read more »
Employment Class Actions US District Court - Mass
July 8, 2012 / January 4, 2023 by mindgrub
In 2007 and 2008, the United States Supreme Court issued landmark decisions clarifying the pleading standards that must be met for a complaint to survive a motion to dismiss under Fed. R. Ci...
Employment Class Actions Legislation
June 25, 2012 / February 26, 2019 by mindgrub
Last week, on the one-year anniversary of Wal-Mart Stores v. Dukes, 131 S.Ct. 2541 (2011), a group of Democratic lawmakers proposed companion House and Senate bills that would repeal Dukes’...
Arbitration Class Arbitration Employment Class Actions
June 11, 2012 / January 4, 2023 by mindgrub
As previously reported, the Massachusetts Supreme Judicial Court will be reviewing the continued vitality of its decision in Feeney v. Dell Inc. (Feeney I), governing the enforceability of c...
Arbitration Consumer Class Actions Massachusetts Decisions
May 9, 2012 / January 4, 2023 by mindgrub
The Massachusetts Supreme Judicial Court has agreed to re-review a case involving the enforceability of class action waivers in arbitration provisions in light of last term's United States S...
Consumer Class Actions First Circuit Decisions
May 8, 2012 / January 4, 2023 by mindgrub
In a case that sheds some light on how the court handles allegations of subject matter jurisdiction under the Class Action Fairness Act, and how it applies the heightened pleading standards...
Class Action Settlements First Circuit Decisions
April 30, 2012 / January 4, 2023 by mindgrub
In 2009, the First Circuit held, as a matter of first impression, that class action settlement agreements may, in appropriate circumstances, include provisions for cy pres distributions. In...
Class Certifications Supreme Court
January 1, 2012 / January 4, 2023 by mindgrub
It isn't complicated. A majority of the Supreme Court holds that, where an expert's model will not prove damages on a classwide basis, "[q]uestions of individual damage calculations will in...
