Maine Appeals
First Class Defense
February 12, 2019

Amendments to Rule 23 Now in Full Swing
Appeals, Class Action Settlements, Class Notice
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On December 1, 2018, the amendments to Fed. R. Civ. P. 23 took effect, principally altering portions of the Rule governing class action notice, settlement, and appeals. Although the amendments were approved earlier in 2018 by the United States Supreme Court, they had been in the works for some time. In 2014, a subcommittee of […]

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November 06, 2018

In re Asacol Antitrust Litigation: Article III Standing in Multi-State Class Actions
Antitrust Class Actions, Class Certifications, First Circuit Decisions, Jurisdiction
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In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. As Josh points out, although the district court had referred to ascertainability in its decision certifying the class, the First Circuit opinion reversing class certification did not, and for good reason. […]

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October 17, 2018

In re Asacol Antitrust Litigation – An Antidote to In re Nexium and “Ascertainability-by-Affidavit”
Antitrust Class Actions, First Circuit Decisions, US District Court - Mass
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When last I wrote about ascertainability, I noted that a debate over the propriety of “ascertainability-by-affidavit” continued to percolate within the First Circuit even as lower courts relied on In re Nexium Antitrust Litigation to certify classes containing uninjured class members.  Specifically, I noted a couple of developments.  First, in In re Asacol Antitrust Litigation, […]

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June 26, 2018

In Cullinane v. Uber, First Circuit Addresses Arbitration Clauses in Online Contracts
Arbitration, Class Arbitration, Consumer Class Actions, First Circuit Decisions
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Yesterday the First Circuit weighed in on a hot topic – the enforceability of arbitration provisions in online contracts.  In Cullinane, several plaintiffs brought a putative class action alleging that Uber had violated Massachusetts’ consumer protection statute by assessing certain fees.  Uber filed a motion to compel arbitration under its Terms of Service, which contained […]

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June 11, 2018

SCOTUS Resolves Circuit Split Regarding American Pipe Tolling
Supreme Court
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In an opinion authored by Justice Ginsburg and joined by all of the Justices (though with only a concurrence from Justice Sotomayor), the Supreme Court today ruled that its 1974 ruling in American Pipe & Constr. Co. v. Utah does not toll the statute of limitations for successive class actions. Justice Ginsburg summarized the Court’s holding as […]

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May 23, 2018

Supreme Court Affirms Class Action Waivers in Employment Arbitration Agreements
Class Arbitration, Employment Class Actions, Supreme Court
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Since the Federal Arbitration Act’s (FAA) enactment in 1925, parties have sparred over the enforceability of arbitration agreements in a number of contexts. In recent years, the battle has focused on the enforceability of class or collective action waivers, pursuant to which parties agree to forgo their right to proceed on a class basis and […]

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March 30, 2018

Campbell-Ewald in Massachusetts
Consumer Class Actions, Jurisdiction, Massachusetts Decisions
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On March 6th, in Silva v. Todisco Services, Inc., Judge Kenneth Salinger, sitting in the Business Litigation Session of the Massachusetts Superior Court, held that a defendant’s tendering of the maximum amount of damages a plaintiff might recover in a putative class action did not moot either the plaintiff’s individual claims or the claims of […]

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February 14, 2018

Federal District Courts Tackle Application of Bristol-Myers Squibb Co. v. Superior Court to Class Actions
Jurisdiction
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In June 2017, we wrote about the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) and how it would likely affect attempts by plaintiffs to pursue multi-state or nationwide class actions.  As predicted, the case law is rapidly developing in the district courts, where, in reliance on Bristol-Myers’ […]

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December 07, 2017

Ascertainability & In re Nexium – The Side-Effects Continue
Antitrust Class Actions, First Circuit Decisions, US District Court - Mass, US District Court - New Hampshire
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As various contributors to this blog have noted (here, here, and here), a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation.  Specifically, while acknowledging that “the definition of [a] class must be ‘definite,’” the majority concluded that this requirement could be satisfied by […]

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November 14, 2017

Consumer Financial Services Arbitration: Another Perspective
Arbitration, Class Arbitration, Consumer Class Actions, Legislation
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Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I have heard from some politicians in the media is that Congress has voted to ban class actions against banks. As is […]

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