Litigation

Recent Posts

Norton Rose Fulbright: Courts Disagree Whether Attacks On Expert Damage Models Defeat Class Certification In The Wake Of Comcast
Posted on 23 Oct 2014 by Norton Rose Fulbright

By Joshua Lichtman Federal courts continue to be split on whether the Supreme Court’s 2013 ruling in Comcast Corp. v. Behrend [ enhanced opinion available to lexis subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case... Read More

Norton Rose Fulbright: No More Rubber Stamps: Courts Critical Of Class Action Settlements
Posted on 31 Oct 2014 by Norton Rose Fulbright

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... Read More

Norton Rose Fulbright: Red Bull Settlement Problems Show Consequences Of Certifying Unascertainable Classes
Posted on 23 Oct 2014 by Norton Rose Fulbright

By Stephanie Stroup Since the Third Circuit’s opinion in Carrera v. Bayer Corp. [ enhanced opinion available to lexis subscribers ], courts have been battling with the approach to consumer classes for small-ticket items because consumers often do... Read More

Norton Rose Fulbright: Breadth Of Primary Jurisdiction Expanded In Class Actions
Posted on 2 Oct 2014 by Norton Rose Fulbright

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... Read More