Appeals Supreme Court
February 27, 2019 / May 17, 2024 by Katherine Kayatta
Yesterday, the Supreme Court in Nutraceutical Corp. v. Lambert unanimously held that Rule 23(f) is not subject to equitable tolling. After the District Court for the Central District of California decertified a class of consumers who alleged that Nutraceutical’s marketing of a dietary supplement violated California consumer-protection law, plaintiff Lambert filed a motion for reconsideration, […]
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Class Certifications First Circuit Decisions
February 19, 2019 / February 19, 2019 by Josh Dunlap
The Supreme Court meant what it said in China Agritech, Inc. v. Resh – that is the primary lesson from the First Circuit’s January 30th decision in In re Celexa and Lexapro Marketing and Sales Practices Litigation. As my partner, Don Frederico, explained in a blog post last year, the Supreme Court observed in China […]
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Appeals Class Action Settlements Class Notice
February 12, 2019 / May 17, 2024 by PAMarketing
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 […]
Antitrust Class Actions Class Certifications First Circuit Decisions Jurisdiction
November 6, 2018 / January 12, 2023 by Don Frederico
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. […]
Antitrust Class Actions First Circuit Decisions US District Court - Mass
October 17, 2018 / February 26, 2019 by Josh Dunlap
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, […]
Arbitration Class Arbitration Consumer Class Actions First Circuit Decisions
June 26, 2018 / February 26, 2019 by Josh Dunlap
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 […]
Supreme Court
June 11, 2018 / January 12, 2023 by Don Frederico
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 […]
Class Arbitration Employment Class Actions Supreme Court
May 23, 2018 / February 26, 2019 by Katy Rand
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 […]
Consumer Class Actions Jurisdiction Massachusetts Decisions
March 30, 2018 / January 12, 2023 by Don Frederico
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 […]
Jurisdiction
February 14, 2018 / May 17, 2024 by Katherine Kayatta
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’ […]
