Class Certifications Consumer Class Actions First Circuit Decisions
January 26, 2015 / February 26, 2019 by mindgrub
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...
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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...
Class Certifications Consumer Class Actions
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...
Consumer Class Actions Massachusetts Decisions
October 31, 2014 / January 12, 2023 by mindgrub
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...
Consumer Class Actions US District Court - Mass
September 8, 2013 / January 11, 2023 by mindgrub
The home mortgage crisis of the last several years has spawned its share of new government regulation and litigation. On September 4th, Judge Rya Zobel denied plaintiffs' motion for class c...
Arbitration Class Arbitration Consumer Class Actions Employment Class Actions Massachusetts Decisions
June 17, 2013 / January 10, 2023 by mindgrub
Last week, the Massachusetts Supreme Judicial Court issued two long-awaited decisions concerning the enforceability of class action waivers in arbitration agreements. Feeney v. Dell, Inc. (...
Consumer Class Actions Supreme Court
April 3, 2013 / February 26, 2019 by mindgrub
On March 27th, the Supreme Court issued a notable opinion addressing not only the interplay between class certification and merits issues, but also the relationship between Rule 23(b)(3) pre...
March 16, 2013 / January 10, 2023 by mindgrub
The patchwork of Massachusetts Supreme Judicial Court decisions construing our consumer protection statute (Chapter 93A) has created a great deal of confusion, particularly over the last dec...
Consumer Class Actions US District Court - Maine
January 18, 2013 / February 26, 2019 by mindgrub
Just before the holidays, Judge Singal issued an order de-certifying a class in Loef v. First American Title Insurance Company. The Loef decision both provides an excellent example of the ch...
Consumer Class Actions
January 11, 2013 / February 26, 2019 by mindgrub
As recently discussed on this blog, the Seventh Circuit – in an opinion authored by Judge Posner – reversed a district court’s denial of class certification regarding claims involving Whirlp...
