Class Certifications First Circuit Decisions
January 26, 2015 / March 3, 2026 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?
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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...
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...
First Circuit Decisions
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...
May 30, 2013 / February 26, 2019 by mindgrub
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...
Employment Class Actions First Circuit Decisions
December 2, 2012 / January 4, 2023 by mindgrub
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 / February 26, 2019 by mindgrub
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...
Class Action Settlements Consumer Class Actions First Circuit Decisions
July 28, 2012 / January 4, 2023 by mindgrub
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...
