First Circuit Decisions

August 24, 2015

First Circuit Weighs In On Rule 68 Mootness Issue

Practice area:

In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification and offering the named plaintiff all the relief it could potentially recover on its individual claim, did not render the plaintiff’s claim moot, and therefore did not moot the putative class action.

January 26, 2015

In re Nexium Antitrust Litigation – A Mixed Prescription

Class Certifications, First Circuit Decisions

Authors:

Joshua D. Dunlap

Practice area:

Class Action Defense

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?

January 26, 2015

The effect of the Nexium decision on product defect class actions

Class Certifications, Consumer Class Actions, First Circuit Decisions

Authors:

Gavin G. McCarthy

Practice area:

Class Action Defense

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

In re Nexium: The heartburn drug case that may cause heartburn.

Class Certifications, Consumer Class Actions, First Circuit Decisions

Practice area:

Class Action Defense

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…

October 30, 2014

First Circuit Clarifies Timing For CAFA Removal

Class Action Fairness Act, Employment Class Actions, First Circuit Decisions

Practice area:

Class Action Defense

You represent the defendant in a putative wage and hour class action filed in state court, alleging that certain categories of employees were denied mandatory meal breaks. The complaint doe…

July 18, 2014

ERISA Retained Asset Account Class Action

First Circuit Decisions

Practice area:

Class Action Defense

Massachusetts Lawyers Weekly has published a story about our recent First Circuit win. You can find it here.

June 23, 2014

Genereux et al. v. Raytheon Company: First Circuit Declines Invitation to Expand Massachusetts Medical Monitoring Law

First Circuit Decisions

Authors:

Katherine S. Kayatta

Practice area:

Class Action Defense

In this cautionary tale authored by Judge Selya, the First Circuit affirmed the district court’s award of summary judgment to defendant Raytheon Company in a putative class action in which P…

May 30, 2013

Massachusetts Retirement Systems v. CVS Caremark: Reviving a Shareholder Suit, First Circuit Weighs In On Corrective Disclosures and Loss Causation in Securities Fraud Class Actions

First Circuit Decisions

Authors:

Mark B. Rosen

Practice area:

Class Action Defense

In Mass. Ret. Sys. v. CVS Caremark Corp., the First Circuit recently revived a shareholder securities fraud class action stemming from the 2006 merger of retail pharmacy chain, CVS, and pres…

December 02, 2012

Matamoros v. Starbucks and Rule 23

Employment Class Actions, First Circuit Decisions

Practice area:

Class Action Defense

In our last post, Katy Rand ?explored both the substantive Massachusetts employment law issues and the Rule 23(a)(4) analysis in the First Circuit’s recent Starbucks tips case. This post wi…

November 14, 2012

Matamoros v. Starbucks: First Circuit Affirms $14 Million Judgment for Violation of the Massachusetts Tips Act

Employment Class Actions, First Circuit Decisions

Authors:

Katharine I. Rand

Practice area:

Class Action Defense

Last week, in Download Matamoros et al v Starbucks Corporation, the First Circuit Court of Appeals affirmed decisions of the District of Massachusetts (Hon. Nathanial M. Gorton), granting cl…

Pierce Atwood is pleased to present this class action blog with a focus on decisions of the state and federal courts within the boundaries of the First Circuit. With decades of national class action experience and offices in every First Circuit state, our goal is to serve as a primary resource for companies that face class litigation in Massachusetts, Maine, New Hampshire and Rhode Island, as well as to provide timely information about significant class action developments, strategies and trends on a national level.

Pierce Atwood’s Class Action Defense team has also started tracking filings and decisions in state and federal courts within the boundaries of the First Circuit in New England.

View our New England and First Circuit Class Action Tracker on our firm website.

First Circuit Decisions

First Circuit Weighs In On Rule 68 Mootness Issue

In re Nexium Antitrust Litigation – A Mixed Prescription

The effect of the Nexium decision on product defect class actions

In re Nexium: The heartburn drug case that may cause heartburn.

First Circuit Clarifies Timing For CAFA Removal

ERISA Retained Asset Account Class Action

Genereux et al. v. Raytheon Company: First Circuit Declines Invitation to Expand Massachusetts Medical Monitoring Law

Massachusetts Retirement Systems v. CVS Caremark: Reviving a Shareholder Suit, First Circuit Weighs In On Corrective Disclosures and Loss Causation in Securities Fraud Class Actions

Matamoros v. Starbucks and Rule 23

Matamoros v. Starbucks: First Circuit Affirms $14 Million Judgment for Violation of the Massachusetts Tips Act

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