Uncategorized
October 2, 2012 / January 4, 2023 by mindgrub
After the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, it was fashionable for some in the plaintiffs' bar to argue that the deciding factor was the size of the class. After all, it...
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Employment Class Actions
September 24, 2012 / February 26, 2019 by mindgrub
The Sixth Circuit Court of Appeals recently issued a decision in Frye v. Baptist Memorial Hospital, Inc., which includes a discussion of some of the basics of Fair Labor Standards Act (FLSA)...
Consumer Class Actions New Hampshire Decisions
August 22, 2012 / January 4, 2023 by mindgrub
Yesterday, the New Hampshire Supreme Court reversed the certification of a class of purchasers of “Light” cigarettes in a case alleging that Philip Morris USA, Inc. (Philip Morris), by using...
August 2, 2012 / February 26, 2019 by mindgrub
Last week, United States District Court Judge George Singal granted class certification to a group of former employees of automobile part manufacturer Formed Fiber Technologies, LLC, who all...
Employment Class Actions US District Court - Mass
August 1, 2012 / February 26, 2019 by mindgrub
Last week, in Abdallah v. Bain Capital LLC, United States District Judge Joseph L. Tauro of the District of Massachusetts dismissed a putative class action lawsuit against Bain Capital LLC b...
Class Action Settlements Consumer Class Actions First Circuit Decisions
July 28, 2012 / January 4, 2023 by mindgrub
In an opinion authored by Chief Justice Sandra Lynch that could, and should, find its way into civil procedure casebooks, the First Circuit charted a course through the complexities of the E...
Class Action Settlements
July 21, 2012 / January 4, 2023 by mindgrub
In an April 30th post, we described the First Circuit's recent decision in In re: Lupron Marketing and Sales Practices Litigation, in which the court for the first time articulated the stand...
July 8, 2012 / January 4, 2023 by mindgrub
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...
Employment Class Actions Legislation
June 25, 2012 / February 26, 2019 by mindgrub
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’...
Arbitration Class Arbitration Employment Class Actions
June 11, 2012 / January 4, 2023 by mindgrub
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...