Earlier this year, I blogged about the Supreme Court’s decision in Comcast Corp. v. Behrend. At the time, I noted that Behrend reaffirmed that damages methodologies must be closely examined…
Just over two years ago, the Supreme Court issued its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempted a state rule that class action waivers…
In a March post on this blog, my colleague John Aromando previewed the then up-coming oral argument before the Supreme Court in Oxford Health Plans LLC v. Sutter, discussing the possible imp…
Yesterday, the United States Supreme Court issued a much anticipated decision in the case of Genesis Healthcare Corporation v. Laura Symczyk. The majority declined to answer the question…
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 Class Action Fairness Act of 2005 (CAFA) was designed to ensure a federal forum for class-action cases “of national importance.” CAFA extends the federal courts’ diversity jurisdiction…
It isn’t complicated. A majority of the Supreme Court holds that, where an expert’s model will not prove damages on a classwide basis, “[q]uestions of individual damage calculations will in…
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