Consumer Class Actions First Circuit Decisions
August 2, 2017 / January 12, 2023 by Don Frederico
On July 26th, the First Circuit issued rulings in putative consumer class actions brought by the same attorney against two national department store chains, challenging their allegedly deceptive use of comparative pricing on their in-store price tags. In the first case, brought against Nordstrom, the court engaged in a careful review of a series of […]
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Current Affairs First Circuit Decisions Securities Class Actions
November 30, 2016 / February 26, 2019 by Mark Rosen
On November 28, 2016, the First Circuit upheld the dismissal of all but one of the class action securities fraud claims against Cambridge, MA drug company, ARIAD Pharmaceuticals, Inc., reaffirming the exacting pleading standards that enable defendants to put an early end to reflexive stock-drop lawsuits. In doing so, the First Circuit also adopted strict […]
Class Action Settlements First Circuit Decisions
January 9, 2016 / January 12, 2023 by mindgrub
On December 31st, the First Circuit approved a class action settlement in a case involving claims of deceptive advertising. While breaking no new ground, the court's decision provides useful guidance to parties negotiating a class settlement.
First Circuit Decisions
August 24, 2015 / January 11, 2023 by mindgrub
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.
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...
Class Action Fairness Act Employment Class Actions First Circuit Decisions
October 30, 2014 / January 12, 2023 by mindgrub
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 / February 26, 2019 by mindgrub
Massachusetts Lawyers Weekly has published a story about our recent First Circuit win. You can find it here.
June 23, 2014 / May 17, 2024 by mindgrub
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...
