Maine Appeals
First Class Defense
January 16, 2014

Mississippi ex rel. Hood v. AU Optronics Corporation: Finding CAFA To Be As Clear As An LCD
Class Action Fairness Act, Supreme Court
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On Tuesday, the Supreme Court once again weighed in with a decision regarding class actions, but this time with a twist.  In what is a rare event in the class action context, the Court hande...

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January 05, 2014

You Can’t Always Get What You Want: D. Mass. Awards Small Fraction of Requested Attorneys’ Fees in ZIP Code Class Settlement
Attorneys' Fees, Class Action Settlements
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In an opinion reminiscent of the famous Rolling Stones song, Judge Richard Stearns on December 26th awarded plaintiffs' class counsel fees of $75,959.00 of a requested amount of $450,000 for...

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December 19, 2013

Court Lowers the Bar for Numerosity Requirement in Nexium Antitrust Litigation
Class Certifications, US District Court - Mass
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On the heels of his November 14, 2013 order certifying a class of individual consumers and other payors who alleged that defendant pharmaceutical companies engaged in anti-competitive practi...

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December 08, 2013

Six Tips for Mediating Class Actions
Class Action Settlements
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There comes a time in many class actions when the parties agree to mediate.  Like class litigation, the mediation of class actions, whether pre-certification or post-certification, is more c...

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December 07, 2013

Mediating Class Actions
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There comes a time in many class actions when the parties agree to mediate.  It doesn't happen in all cases.  The decision whether to settle (the goal of mediation) may be a matter of timing...

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November 30, 2013

Comcast and the Nexium Antitrust Case
Class Certifications, US District Court - Mass
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On November 14, 2013, Judge William G. Young of the District of Massachusetts entered an order certifying a class of individual consumers and other payors who alleged that anti-competitive p...

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September 08, 2013

District of Massachusetts Denies Certification in Home Loan Modification Case
Consumer Class Actions, US District Court - Mass
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The home mortgage crisis of the last several years has spawned its share of new government regulation and litigation.  On September 4th, Judge Rya Zobel denied plaintiffs' motion for class c...

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August 14, 2013

Damages and the Predominance Analysis Following Behrend: The D.C. Circuit Gives Behrend a Robust Interpretation
Class Certifications, Supreme Court
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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...

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August 01, 2013

Massachusetts SJC reverses itself, follows Amex.
Class Arbitration, Massachusetts Decisions
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We have written several times in this blog about what we perceived as the inconsisteny between the Massachusetts decisions in the Feeney v. Dell case and the SCOTUS decision in Concepcion....

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July 01, 2013

American Express v. Italian Colors Restaurant: The Supreme Court Reinforces AT&T Mobility v. Concepcion
Arbitration, Class Arbitration, Massachusetts Decisions, Supreme Court
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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...

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