Consumer Class Actions

First Circuit Denies Review in Building Products Case

On October 2, 2015, we posted about the District of Massachusetts’ denial of class certification in a case in which we represent a building products company that sold allegedly defective decking.  We’re pleased to report that yesterday the First Circuit denied Plaintiffs’ petition for review of the class certification denial under Rule 23(f). 

A Byrd in the Hand

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.

The effect of the Nexium decision on product defect class actions

Practice area:

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…

Bellermann v. Fitchburg Gas & Electric Light Company: Massachusetts SJC Upholds Denial of Class Certification In Consumer Case Against Utility

Practice area:

In December 2008, a major ice storm caused massive and lengthy power outages in several towns in Massachusetts.  Twelve residential and business customers of Fitchburg Gas and Electric Light…