The patchwork of Massachusetts Supreme Judicial Court decisions construing our consumer protection statute (Chapter 93A) has created a great deal of confusion, particularly over the last dec…
The Third Circuit’s recent opinion in In re Baby Products Antitrust Litig. is noteworthy for its approach to cy pres distributions in class settlements, a topic that has also garnered recent…
High Court Strikes a Blow to Securities-Fraud Defendants Opposing Class Certification
In a watershed moment for class action securities litigation, last Wednesday the Supreme Court issued its opinion in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, making it ea…
Seventh Circuit Upholds Decertification of Wage Case Where Individual Damages Hearings Would Be Required
Last month, I expressed concern that a Seventh Circuit decision authored by Judge Posner in a consumer class action emphasized efficiency over fairness in deciding whether a class should be…
Just before the holidays, Judge Singal issued an order de-certifying a class in Loef v. First American Title Insurance Company. The Loef decision both provides an excellent example of the ch…
The U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, upholding the enforceability of a class action waiver in a consumer arbitration agreement, was applauded by employe…
As recently discussed on this blog, the Seventh Circuit – in an opinion authored by Judge Posner – reversed a district court’s denial of class certification regarding claims involving Whirlp…
In a recent Seventh Circuit decision that has received much attention, Judge Posner explained the predominance requirement of Rule 23(b)(3) in a way that no doubt will be cited frequently by…
A few weeks ago I read a blog post by a contributor to Forbes, expressing concern that the Supreme Court is “trying to impose substantial restrictions on class actions.” The post gets off t…
Matamoros v. Starbucks and Rule 23
In our last post, Katy Rand ?explored both the substantive Massachusetts employment law issues and the Rule 23(a)(4) analysis in the First Circuit’s recent Starbucks tips case. This post wi…