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…
Concepcion in Massachusetts: The Feeney and Machado Decisions
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. (…
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…
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…
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…
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…
In a recent Seventh Circuit decision that has received much attention, Judge Posner explained the predominance requirement of Rule 23(b)(3) in a way that no doubt will be cited frequently by…
Lawrence v. Philip Morris USA, Inc.: New Hampshire Supreme Court Reverses Class Certification in “Light” Cigarette Case
Yesterday, the New Hampshire Supreme Court reversed the certification of a class of purchasers of “Light” cigarettes in a case alleging that Philip Morris USA, Inc. (Philip Morris), by using…
In an opinion authored by Chief Justice Sandra Lynch that could, and should, find its way into civil procedure casebooks, the First Circuit charted a course through the complexities of the E…
The Continuing Saga of Class Action Waivers in Massachusetts
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…