Maine Appeals
First Class Defense
January 26, 2015

The effect of the Nexium decision on product defect class actions
Class Certifications, Consumer Class Actions, First Circuit Decisions
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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...

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January 24, 2015

In re Nexium: The heartburn drug case that may cause heartburn.
Class Certifications, Consumer Class Actions, First Circuit Decisions
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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...

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December 19, 2014

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
Class Action Fairness Act, Supreme Court
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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...

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November 16, 2014

All’s Not Well that Ends Well: The Real Lessons of Whirlpool.
Class Certifications, Consumer Class Actions
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In early 2001, I was asked to argue in opposition to a class certification motion in federal court on behalf of the prominent owner of an automobile distributorship.  The case was brought on...

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October 31, 2014

Bellermann v. Fitchburg Gas & Electric Light Company: Massachusetts SJC Upholds Denial of Class Certification In Consumer Case Against Utility
Consumer Class Actions, Massachusetts Decisions
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In December 2008, a major ice storm caused massive and lengthy power outages in several towns in Massachusetts.  Twelve residential and business customers of Fitchburg Gas and Electric Light...

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October 30, 2014

First Circuit Clarifies Timing For CAFA Removal
Class Action Fairness Act, Employment Class Actions, First Circuit Decisions
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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...

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July 26, 2014

Shedding Light on the Vexing Problem of Issue Certification
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This week I attended the annual Class Actions Seminar sponsored by DRI (the Defense Research Institute).  It was an excellent program, covering many recent trends in class action practice of...

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July 18, 2014

ERISA Retained Asset Account Class Action
First Circuit Decisions
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Massachusetts Lawyers Weekly has published a story about our recent First Circuit win.  You can find it here.

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June 23, 2014

The Supreme Court Upholds the Basic Presumption in Securities Litigation but Gives Defendants a Chance for a Win at Class Certification
Class Certifications, Supreme Court
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Earlier this spring, in our post titled, The Supreme Court Ponders the Future of the Basic Presumption in Securities Litigation, we reported on the oral arguments before the Supreme Court in...

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June 23, 2014

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

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