Antitrust Class Actions Class Certifications Consumer Class Actions First Circuit Decisions US District Court - Mass US District Court - Rhode Island
November 18, 2019 by Josh Dunlap
About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact. In so doing, the First Circuit substantially curtailed its prior decision in In re Nexium Antitrust Litigation, which certified a class containing uninjured consumers because class members would […]
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Antitrust Class Actions Appeals Arbitration Class Action Fairness Act Class Arbitration Class Certifications Consumer Class Actions Privacy Class Actions Securities Class Actions Supreme Court
June 20, 2019 / June 20, 2019 by Melanie Conroy
The 2018-2019 term of the U.S. Supreme Court opened with a newly configured court in which Justice Kavanaugh joined as an Associate Justice following the retirement of Justice Kennedy. Since October of last year, the Court has heard 69 argued appeals, several of which arose from class action litigation. Over the past nine months, the […]
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Antitrust Class Actions Class Certifications First Circuit Decisions Jurisdiction
November 6, 2018 / January 12, 2023 by Don Frederico
In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. As Josh points out, although the district court had referred to ascertainability in its decision certifying the class, the First Circuit opinion reversing class certification did not, and for good reason. […]
Antitrust Class Actions First Circuit Decisions US District Court - Mass
October 17, 2018 / February 26, 2019 by Josh Dunlap
When last I wrote about ascertainability, I noted that a debate over the propriety of “ascertainability-by-affidavit” continued to percolate within the First Circuit even as lower courts relied on In re Nexium Antitrust Litigation to certify classes containing uninjured class members. Specifically, I noted a couple of developments. First, in In re Asacol Antitrust Litigation, […]
Antitrust Class Actions First Circuit Decisions US District Court - Mass US District Court - New Hampshire
December 7, 2017 / February 26, 2019 by Josh Dunlap
As various contributors to this blog have noted (here, here, and here), a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging that “the definition of [a] class must be ‘definite,’” the majority concluded that this requirement could be satisfied by […]
