Recent Posts

Comcast v. Behrend Sets a Higher Bar for Class Certification
Posted on 2 Apr 2013 by Sheppard, Mullin, Richter & Hampton LLP

by Jennifer Driscoll-Chippendale On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend , 569 U.S. ___ (2013) [ subscribers may... Read More

High Court: Class Certification in Antitrust Case Was Improper
Posted on 27 Mar 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including... Read More

The Beginning of the End of the Merger Objection Lawsuit Curse?
Posted on 17 Jul 2015 by Kevin M. LaCroix

One of the great curses of the corporate litigation environment in recent years has been the proliferation of merger objection suits, the incidence of which has gotten to the point that now just about every large merger deal draws at least one lawsuit... Read More

New Supreme Court Case Could Have Huge Impact on Class Action Litigation
Posted on 1 May 2015 by Kevin M. LaCroix

On April 27, 2015, in a development that could have significant implications for a wide variety of class action lawsuits, the United States Supreme Court granted the petition of for a writ of certiorari of online search firm Spokeo. The cert grant sets... Read More

Delaware Court of Chancery Rejects Two Separate M&A Settlements on Same Day
Posted on 13 Jul 2015 by Francis G.X. Pileggi

Two rejections by the Delaware Court of Chancery last week, on the same day, of two separate proposed settlements of two unrelated class actions challenging a merger, were reported by The Chancery Daily , Professor Bainbridge and Alison Frankel of Thomson... Read More

Kevin Brady Discusses Recent Delaware Court of Chancery Ruling on Objection to Class Action Representative
Posted on 16 May 2012 by Corporate and Securities Law Community Staff

Kevin Brady of Eckert Seamans discusses In Re Celera Corporation Shareholder Litigation , C.A., No. 6304-VCP (Del. Ch. March 23, 2012), recently decided by the Delaware Court of Chancery . In this case, the putative lead plaintiff in a class action, New... Read More

Ticketmaster to Settle Consumer Class Action
Posted on 18 Jan 2012 by Abbey Spanier

by Joshua Druckerman Anyone who has shopped for concert tickets online knows the feeling. The convenience fees, order processing fees, and shipping fees added to the ticket price make going to concerts an expensive proposition these days, especially... Read More

Certifying Settlement Class Actions
Posted on 16 Jul 2012 by William A.S. Magrath

Excerpt: In its much anticipated en banc opinion in Sullivan v. DB Investments, Inc. , the Third Circuit affirmed the District Court's certification of two settlement classes of diamond purchasers over objections that the settlement failed to satisfy... Read More

Are Plaintiffs Fleeing Delaware?
Posted on 7 Sep 2011 by Francis G.X. Pileggi

David Marcus writing for The Deal , adds to the growing commentary suggesting that plaintiffs' lawyers who file class actions, especially those challenging mergers, will be inclined to increasingly avoid Delaware Courts if the Court continues to... Read More

U.S. High Court: Class Rep’s Damages Limit Doesn’t Defeat Federal Jurisdiction
Posted on 19 Mar 2013 by Bajeerah LaCava

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... Read More

U.S. Supreme Court Vacates Moldy Washer Ruling In Light of Comcast v. Behrend
Posted on 3 Jun 2013 by Bajeerah LaCava

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... Read More

U.S. Supreme Court Tightens Requirement for Proof of Class-Wide Damages as a Condition to Class Action Certification (Comcast v. Behrend)
Posted on 18 Jun 2013 by Corporate and Securities Law Community Staff

by Robert N. Rapp and Matthew J. Kucharson Excerpt: In a 5-4 decision rendered on March 27, 2013, in Comcast Corp. v. Behrend , 2013 U.S. LEXIS 2544 [ an enhanced version of this opinion is available to subscribers ], the United States... Read More

A "Vibe" is Not Enough: Ben & Jerry's "All Natural" Case Loses Class Certification
Posted on 12 Mar 2014 by Richard Goldfarb

You'll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn't connected by any chance with the letters of transit. It seems as long as I have those letters... Read More

Two Cases From NC Business Court: Class Action Fees Doubled and Expedited Discovery Denied
Posted on 2 Nov 2015 by Mack Sperling

Last month, North Carolina Business Court. Judge Gale issued three rulings in class action cases. Two of the rulings were in consolidated class actions that had been settled. Those were in In re Pike S'holders Litig. , 2015 NCBC 89 [subscribers... Read More

Seventh Circuit Favors Simplified and Neutral Class Action Notices
Posted on 14 Aug 2014 by Troutman Sanders

by Tim J. St. George and David N. Anthony In a June 2 decision , Judge Richard Posner, writing for a unanimous panel of the United States Court of Appeals for the Seventh Circuit, criticized a number of statements and other aspects within a notice... Read More