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) [lexis.com
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...
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...
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...
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...
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...
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
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...
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...
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...
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...
by Robert N. Rapp and Matthew J. Kucharson
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 lexis.com
subscribers ], the United States...
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...
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...
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...