Pierce Atwood LLP
First Class Defense
First Class Defense
  • July 08, 2012

Twombly, Iqbal and Class Allegations

Employment Class Actions, US District Court - Mass
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

In 2007 and 2008, the United States Supreme Court issued landmark decisions clarifying the pleading standards that must be met for a complaint to survive a motion to dismiss under Fed. R. Ci…

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  • June 25, 2012

Proposed Legislation to Repeal Wal-Mart Stores v. Dukes Goes Too Far

Employment Class Actions, Legislation
Practice area:
  • Class Action Defense

Last week, on the one-year anniversary of Wal-Mart Stores v. Dukes, 131 S.Ct. 2541 (2011), a group of Democratic lawmakers proposed companion House and Senate bills that would  repeal Dukes’…

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  • June 11, 2012

Machado v. System4

Arbitration, Class Arbitration, Employment Class Actions
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

As previously reported, the Massachusetts Supreme Judicial Court will be reviewing the continued vitality of its decision in Feeney v. Dell Inc. (Feeney I), governing the enforceability of c…

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  • May 29, 2012

For the employment class action lawyer . . .

Class Arbitration, Employment Class Actions
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

Katy Rand’s article, “NLRB Finds Class Action Waivers in Employment Arbitration Agreements Invalid,” appeared in the May 2012 issue of Securities Litigation Commentator, Volume 2011, No. 5….

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  • May 22, 2012

Consumer Financial Protection Bureau Arbitration Study

Arbitration
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

Last month the Consumer Financial Protection Bureau announced that it is launching a public inquiry into the effects of mandatory arbitration provisions in consumer financial services contra…

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  • May 19, 2012

And speaking of the First Circuit . . .

Uncategorized
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

Given the focus of our blog, it seems only fitting to mention this CLE event featuring five First Circuit judges as panelists.  I attended a similar event at the Boston Bar Association a few…

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  • May 09, 2012

The Continuing Saga of Class Action Waivers in Massachusetts

Arbitration, Consumer Class Actions, Massachusetts Decisions
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

The Massachusetts Supreme Judicial Court has agreed to re-review a case involving the enforceability of class action waivers in arbitration provisions in light of last term’s United States S…

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  • May 08, 2012

CAFA Jurisdiction and Pleading Consumer Injury

Consumer Class Actions, First Circuit Decisions
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

In a case that sheds some light on how the court handles allegations of subject matter jurisdiction under the Class Action Fairness Act, and how it applies the heightened pleading standards…

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  • April 30, 2012

The First Circuit and Cy Pres

Class Action Settlements, First Circuit Decisions
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

In 2009, the First Circuit held, as a matter of first impression, that class action settlement agreements may, in appropriate circumstances, include provisions for cy pres distributions.  In…

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  • January 01, 1900

Comcast Corp. v. Behrend: A Question of Balance

Class Certifications, Supreme Court
Authors:
  • Donald R. Frederico
Practice area:
  • Class Action Defense

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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About

Pierce Atwood is pleased to present this class action blog with a focus on decisions of the state and federal courts within the boundaries of the First Circuit. With decades of national class action experience and offices in every First Circuit state, our goal is to serve as a primary resource for companies that face class litigation in Massachusetts, Maine, New Hampshire and Rhode Island, as well as to provide timely information about significant class action developments, strategies and trends on a national level.

Authors

First Class Defense is authored by Don Frederico, John Aromando, Katy Rand, Josh Dunlap, Gavin McCarthy, Mark Rosen, Katherine Kayatta, Melanie Conroy, and other members of the Litigation team at Pierce Atwood LLP.

You can follow Don Frederico on Twitter and LinkedIn.

Class Action Settlements and Mediation

Check out Pierce Atwood’s new blog, Class Action Settlements and Mediation, covering developments in the law of class action settlements, as well as practical tips for lawyers and parties mediating class actions and negotiating class action settlements.

Recent Posts

  • Is It Time to Update Mass. R. Civ. P. 23? May 6, 2022
  • Kingara v. Secure Home Health Care Inc. and the Precertification Powers of the Massachusetts Courts April 19, 2022
  • Supreme Court Addresses Concrete Harm, Limits Standing in FCRA Class Action June 28, 2021
  • Tuition Refund Class Actions: Our ABA Podcast September 17, 2020

Categories

  • Antitrust Class Actions 5
  • Appeals 6
  • Arbitration 11
  • Attorneys' Fees 1
  • Class Action Fairness Act 8
  • Class Action Settlements 16
  • Class Actions 7
  • Class Arbitration 15
  • Class Certifications 27
  • Class Notice 3
  • Class Representative 2
  • Consumer Class Actions 38
  • Current Affairs 4
  • Employment Class Actions 21
  • Fair Credit Reporting Act 1
  • First Circuit Decisions 25
  • Jurisdiction 6
  • Lead Plaintiff 1
  • Legislation 3
  • Litigation 2
  • Maine Decisions 1
  • Massachusetts Decisions 11
  • Mediation 1
  • New Hampshire Decisions 1
  • Privacy Class Actions 7
  • Securities Class Actions 3
  • Standing 2
  • Supreme Court 27
  • Third Circuit Decisions 1
  • Uncategorized 19
  • US District Court – Maine 1
  • US District Court – Mass 18
  • US District Court – New Hampshire 2
  • US District Court – Rhode Island 1

Archives

Comments

To reach Don Frederico with comments about this blog, please e-mail him at dfrederico@pierceatwood.com

Popular Posts

  • Romulus v. CVS Pharmacy, Inc.: Meal Periods, Ascertainability, and the Importance of Removal. posted on July 18, 2017
  • In a Groundbreaking Decision, Third Circuit Provides Framework for Evaluating Numerosity posted on October 11, 2016
  • When you get what you pay for: the First Circuit examines the injury requirement under Massachusetts chapter 93A. posted on August 2, 2017

Caveat

This is a site offering non-comprehensive commentary, and seeking to prompt a dialogue about issues relating to class action defense within the First Circuit. It is not an attempt to provide legal advice. This blog may be construed as an advertisement, but should not be construed as legal advice or a legal opinion on any specific facts or circumstances, nor does it create attorney-client privilege.

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