Class Certifications
August 6, 2015 / January 11, 2023 by mindgrub
The Seventh Circuit's July 28th decision in Mullins v. Direct Digital, LLC has already created quite a stir.
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Class Certifications Consumer Class Actions
April 27, 2015 / January 11, 2023 by mindgrub
Recently, I had the privilege of moderating a panel in Boston discussing hot topics in class actions. We had a terrific group of panelists, including three (besides myself) who represent defendants in class actions and one who represents plaintiffs. This imbalance was attributable to the nature of the organization sponsoring the program as a business-oriented legal foundation.
Class Certifications Current Affairs Supreme Court
March 27, 2015 / February 26, 2019 by mindgrub
This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the speaker actually holds the stated opinion. The high court ruled that such opinions are not actionable as an “untrue statement of material fact” simply because they turn out to be wrong. But, taking another “midway position” on a divisive issue of securities class action litigation, the court left the door open...
Class Certifications First Circuit Decisions
January 26, 2015 / February 26, 2019 by mindgrub
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?
Class Certifications Consumer Class Actions First Circuit Decisions
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...
January 24, 2015 / January 11, 2023 by mindgrub
In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of c...
November 16, 2014 / January 12, 2023 by mindgrub
In early 2001, I was asked to argue in opposition to a class certification motion in federal court on behalf of the prominent owner of an automobile distributorship. The case was brought on...
Class Certifications Supreme Court
June 23, 2014 / February 26, 2019 by mindgrub
Earlier this spring, in our post titled, The Supreme Court Ponders the Future of the Basic Presumption in Securities Litigation, we reported on the oral arguments before the Supreme Court in...
Class Certifications US District Court - Mass
December 19, 2013 / May 17, 2024 by mindgrub
On the heels of his November 14, 2013 order certifying a class of individual consumers and other payors who alleged that defendant pharmaceutical companies engaged in anti-competitive practi...
November 30, 2013 / January 11, 2023 by mindgrub
On November 14, 2013, Judge William G. Young of the District of Massachusetts entered an order certifying a class of individual consumers and other payors who alleged that anti-competitive p...
