Supreme Court

Supreme Court Permits Use of Statistical Evidence to Prove Classwide Liability, but Declines to Adopt Categorical Rule

In Tyson Foods, Inc. v. Bouaphakeo, et al., the United States Supreme Court affirmed a judgment in favor of a class of Tyson employees, holding that averaged statistical analysis or so-called “representative evidence” presented by the class’s experts properly established classwide liability in the case.  The Court rejected, however, the requests of all parties and amici curiae to adopt a broad and categorical rule governing the use of representative and statistical evidence in class actions, stating that…

Think You Can Moot Plaintiff’s Claim With a Rule 68 Offer of Judgment? Think Again.

Today, in Campbell-Ewald Co. v. Gomez, a majority of the Supreme Court held, “in accord with Rule 68 of the Federal Rules of Civil Procedure, that an unaccepted settlement offer has no force,” and does not negate the existence of a case and controversy for purposes of Article III jurisdiction. 

OMNICARE: Supreme Court Clarifies Whether Statements of Opinion by Companies and their Executives are Actionable under the Federal Securities Laws

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This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the speaker actually holds the stated opinion.  The high court ruled that such opinions are not actionable as an “untrue statement of material fact” simply because they turn out to be wrong.  But, taking another “midway position” on a divisive issue of securities class action litigation, the court left the door open…

Supreme Court Clarifies Defendants’ Evidentiary Burden at Removal Stage as to the Amount in Controversy and Halts Tenth Circuit from Applying More Onerous Requirements on Defendants

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The United States Supreme Court held this week in Dart Cherokee Basin Operating Co., LLCv Owens that defendants removing cases from state to federal court, including class action defendants…