Abbey Spanier: Court Certifies Class Action On Behalf Of Papa John’s Customers Who Received Unsolicited Text Messages

Have you ever received unsolicited advertising in the form of a text message? These forms of solicitations may be illegal under the Telephone Consumer Protection Act ("TCPA") which restricts telephone solicitations and the use of automated telephone equipment. The TCPA also limits the use of...

Crowell & Moring Releases Report, 'Litigation Forecast 2013'

WASHINGTON, D.C. - Crowell & Moring LLP has announced the publication of "Litigation Forecast 2013: What Corporate Counsel Need to Know in the Coming Year." The report explores critical litigation issues, provides concise, forward-looking perspectives on trends affecting a wide range of...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Federal Judge Upholds $368 Million Patent Infringement Verdict Against Apple, Inc.

On Tuesday, Feb. 26, 2013, Texas Federal District Judge Leonard Davis denied Apple, Inc.'s motion for post-trial relief from a substantial verdict that had been awarded to plaintiff VirnetX in November of 2012 ( VirnetX, Inc. v. Cisco Systems, Inc., et al. , No. 6:12-cv-00855-LED; 6:10-cv-00417-LED...

Abbey Spanier LLP: Maryland Court Of Appeals Denies Attempt To Pick-Off Plaintiff In Class Action

By Orin Kurtz In Frazier v. Castle Ford, Ltd. , 2013 WL 265072 (January 24, 2013) [ enhanced version available to lexis.com subscribers ], the Maryland Court of Appeals put the brakes on a tactic that has gained favor among defendants in class actions-and that has caught the attention of the Supreme...

U.S. High Court: Class Rep's Damages Limit Doesn't Defeat Federal Jurisdiction

WASHINGTON, D.C. - (Mealey's) A class representative's stipulation that damages being sought were less than $5 million does not defeat federal jurisdiction under the Class Action Fairness Act (CAFA), a unanimous U.S. Supreme Court ruled March 19 ( The Standard Fire Insurance Company v. Greg Knowles...

Securities Class Action Lawsuits Against Life Sciences Companies Rose In 2012

The number of securities class action lawsuits filed against life sciences companies rose in both absolute and relative terms in 2012, according to a March 20, 2013 memorandum by David Kotler of the Dechert law form entitled "Survey of Securities Fraud Class Actions Brought Against U.S. Life Sciences...

Fulbright & Jaworski L.L.P.: Supreme Court Further Refines Proof Standards For Class Certification And Ups The Ante For Antitrust Plaintiffs

On March 27, 2013, the U.S. Supreme Court issued its long-awaited opinion in Comcast Corp. v. Behrend (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) , addressing the quality of proof needed to satisfy Federal Rule of Civil Procedure 23's rigorous requirements...

William A. Ruskin: Comcast Corp. v. Behrend Decision Levels Class Action Playing Field

By William A. Ruskin The Foley Hoag Product Liability Update is a good source of information concerning developments in product liability and related law for product manufacturers and sellers. Published quarterly, the Update is prepared under the aegis of David R. Geiger , the chair of Foley Hoag's...

William A. Ruskin: 2nd Circuit Grapples With Medical Monitoring

By William A. Ruskin On May 1, 2013, the Second Circuit issued an important decision in Caronia v. Philip Morris USA Inc. , 2d Cir., No. 11-0316 (5/1/13) [ enhanced version available to lexis.com subscribers ]. The Court provides an excellent summary of the law concerning medical monitoring claims...

U.S. Supreme Court Vacates Moldy Washer Ruling In Light Of Comcast

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 3 granted a petition for writ of certiorari in the appeal of a Seventh Circuit U.S. Court of Appeals decision to overturn denial of class certification in a suit over mold growth in certain front-loading automatic washers and remanded the...

William A. Ruskin: After Comcast v. Behrend: What's Next?

By William A. Ruskin How have courts interpreted, utilized and/or limited the U.S. Supreme Court's ruling last term in Comcast v. Behrend? In a webinar presented by the International Association of Defense Counsel on Wednesday, December 11, 2013 at 1:00 EST, the panel will examine Comcast and...

William A. Ruskin: Comcast May Be A Class Action Game-Changer, But Not In Boston

By William A. Ruskin | In Comcast Corp. v Behrend , 133 S.Ct. 1426 (March 27, 2013) [ enhanced opinion available to lexis.com subscribers ], the Supreme Court held that the lower court erred in failing to consider flaws in plaintiffs' damages model merely because the damages model would be pertinent...

Ballard Spahr LLP: Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions

By Burt M. Rublin and Jonathan E. Selkowitz The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the petition for a writ of certiorari...

Norton Rose Fulbright Releases 10th Annual Litigation Trends Survey

U.S. companies increasingly concerned about regulatory investigations The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright's 10th Annual Litigation Trends Survey . The upward trend is the result of a stricter...

William A. Ruskin: Comcast Corp. v. Behrend's Impact In Toxic Tort Litigation

By William A. Ruskin I have written about how the U.S. Supreme Court's decision in Comcast v. Behrend has had the practical result of raising the bar for class certification and leveling the playing field for corporate defendants [ enhanced opinion available to lexis.com subscribers ]. Until recently...

DLA Piper: Is U.S.-Style Class Action Litigation Coming To The EU? European Commission Calls For Collective Redress Mechanisms In EU National Laws – 8 Points To Note

By: Dr Ludger Giesberts LL.M. and Andreas Tiedge The European Commission is calling for European Union member states to introduce an injunctive and compensatory collective redress mechanism to their national procedural rules by July 26, 2015. In many respects, the concept of a European collective...

DLA Piper: California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?

By Stefanie Jill Fogel , George Gigounas and Rachael E. Yourtz | In food marketing litigation, class certification is a major hurdle for would-be class plaintiffs, but a recent case out in the Central District of California may have lowered the bar with a flexible approach to class certification....

This is Real Law: Risky Business: More IPOs Could Lead to More Litigation

Few public entertainers have topped the showmanship of Jean François Gravelet-Blondin. The 19th-century French tightrope walker and acrobat was famous for many astounding feats, including crossing Niagara Falls numerous times—while blindfolded, pushing a wheelbarrow, on stilts and even carrying...

Williams Mullen: Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

By Turner A. Broughton and Lauren M. Wheeling In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“ Halliburton II ”), the United States Supreme Court addressed two securities class action issues[ enhanced opinion available to lexis.com subscribers. : lexis.com...

Ballard Spahr LLP: 3rd Circuit Rejects Class Certification in Yet Another Consumer Case

By Burt M. Rublin and Joel E. Tasca Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged overbilling practices, which implicated differing...

Norton Rose Fulbright: Breadth Of Primary Jurisdiction Expanded In Class Actions

By Matthew Gurvitz The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was reevaluating draft guidance that served as a partial...

U.S. Supreme Court Hears Oral Arguments In CAFA Evidence Appeal

WASHINGTON, D.C. — (Mealey’s) The plain language of 28 U.S. Code Section 1446(a) requires only “a short and plain statement of the grounds for removal,” not evidence, the attorney representing Dart Cherokee Basin Operating Co. LLC and Cherokee Basin Pipeline LLC argued Oct. 7...

Norton Rose Fulbright: No More Rubber Stamps: Courts Critical Of Class Action Settlements

By Lauren Shoor A number of recent cases show courts taking a more active role in approving class action settlements, more closely scrutinizing settlements meant to benefit class members. Just last month in Redman v. RadioShack Corporation [ enhanced opinion available to lexis.com subscribers ...

U.S. High Court Hears Arguments In Case Over Appealing LIBOR Suit

WASHINGTON, D.C. — (Mealey’s) A dismissal of a lawsuit by a trial court and a statement that the case was terminated render the case appealable, Thomas C. Goldstein of Goldstein & Russell in Bethesda, Md., argued Dec. 9 before the U.S. Supreme Court ( Ellen Gelboim and Linda Zacher, et...