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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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, […]
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’ […]
