Uncategorized
March 24, 2016 / February 26, 2019 by mindgrub
As my colleague, Katherine Kayatta, alluded to in her detailed post earlier this week, much of the initial commentary on the Supreme Court’s Tyson Foods decision has been to the effect that the decision may crack open the door to representative proof in class cases. While plaintiffs will no doubt seek to use it that way, I don’t read the decision as providing a lot of meaningful support for such an effort. And, indeed, I think defendants should embrace rather than fear the decision in many respects.
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Employment Class Actions Supreme Court
March 23, 2016 / May 17, 2024 by mindgrub
In Tyson Foods, Inc. v. Bouaphakeo, et al., the United States Supreme Court affirmed a judgment in favor of a class of Tyson employees, holding that averaged statistical analysis or so-called “representative evidence” presented by the class’s experts properly established classwide liability in the case. The Court rejected, however, the requests of all parties and amici curiae to adopt a broad and categorical rule governing the use of representative and statistical evidence in class actions, stating that...
Supreme Court
February 14, 2016 / January 11, 2023 by mindgrub
No one has done more to shape class action law than Justice Antonin Scalia. His unexpected passing, even while important class action cases remain under advisement, will spark a renewed push to tilt class action jurisprudence to a more plaintiff-friendly bent.
January 20, 2016 / January 11, 2023 by mindgrub
Today, in Campbell-Ewald Co. v. Gomez, a majority of the Supreme Court held, "in accord with Rule 68 of the Federal Rules of Civil Procedure, that an unaccepted settlement offer has no force," and does not negate the existence of a case and controversy for purposes of Article III jurisdiction.
Class Certifications Supreme Court
January 16, 2016 / February 26, 2019 by mindgrub
Yesterday the Supreme Court granted certiorari in the Microsoft Xbox case to decide whether federal courts of appeals have jurisdiction to review orders denying class certification after named plaintiffs voluntarily dismiss their individual claims with prejudice.
Class Action Settlements First Circuit Decisions
January 9, 2016 / January 12, 2023 by mindgrub
On December 31st, the First Circuit approved a class action settlement in a case involving claims of deceptive advertising. While breaking no new ground, the court's decision provides useful guidance to parties negotiating a class settlement.
October 17, 2015 / January 11, 2023 by mindgrub
On October 7th, the Consumer Financial Protection Bureau released proposals that, if adopted, would limit the use of arbitration provisions in consumer class actions against banks and other companies offering consumer finance products and services. For more information, you can access our client alert here.
First Circuit Decisions
August 24, 2015 / January 11, 2023 by mindgrub
In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification and offering the named plaintiff all the relief it could potentially recover on its individual claim, did not render the plaintiff's claim moot, and therefore did not moot the putative class action.
Class Certifications
August 13, 2015 / January 11, 2023 by mindgrub
It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if not eliminating a third split on an issue that is currently before SCOTUS. Here is a brief summary of the ebbs and flows.
August 6, 2015 / January 11, 2023 by mindgrub
The Seventh Circuit's July 28th decision in Mullins v. Direct Digital, LLC has already created quite a stir.
