Litigation

Recent Posts

Conservatives Limit Consumer, Rights Class Action Lawsuits
Posted on 27 Jun 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - (AP) The Supreme Court's conservative majority made it harder for people to band together to sue the nation's largest businesses in the two most far-reaching rulings of the term the justices are wrapping up on Monday. The two... Read More

High Court Decision In Wal-Mart Case A Blow To Class Actions
Posted on 22 Jun 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - (AP) Mounting a large-scale bias claim against a huge company will be more difficult in light of a Supreme Court decision that found no convincing proof of discrimination on which to allow a class action against retail giant Wal-Mart... Read More

Veteran Supreme Court Reporter Analyzes Roberts Court's Form Of 'Judicial Activism'
Posted on 7 Jul 2011 by Gregg Lawson

PHILADELPHIA - Does the U.S. Supreme Court under Chief Justice John G. Roberts Jr. engage in judicial activism? Yes, according to a reporter who has covered the high court for more than 50 years. But, he says, that's not a negative quality, or unusual... Read More

U.S. Supreme Court Cites Moore's And Modern Federal Jury Instructions
Posted on 12 Jul 2011 by LexisNexis Litigation Resource Community Staff

Two flagship publications in Matthew Bender's Federal Litigation product line, Moore's Federal Practice and Modern Federal Jury Instructions , were cited in recent U.S. Supreme Court decisions. In the landmark employment law case Wal-Mart Stores... Read More

Abbey Spanier LLP: 7th Circuit Clarifies Class Action Certification And Commonality, Distinguishing Dukes
Posted on 16 Mar 2012 by Abbey Spanier

By Joshua Druckerman Imagine, for a moment, that a company told its employees that they could not record overtime hours, even if they were eligible for overtime compensation. Not exactly the nicest thing to do, right? Now imagine this company also... Read More

Duane Morris Alert: Supreme Court, In Wal-Mart Employment Discrimination Case, Changes Landscape Of Class Action Litigation
Posted on 27 Jun 2011 by Duane Morris LLP

On June 20, 2011, the U.S. Supreme Court issued its decision in Wal-Mart Stores v. Dukes ( an enhanced version of the opinion is available to lexis.com subscribers. ), which overturned certification of a class of 1.5 million current and former female... Read More

If At First You Don't Succeed: Smaller Class Of Women Accuses Wal-Mart Of Gender Discrimination
Posted on 2 Nov 2011 by Eric Meyer

By Eric Meyer Back in June, the United States Supreme Court ruled that a class of 1.5 million women could not pursue gender discrimination claims together against Wal-Mart because they lacked a common injury. If, at first, you don't succeed... Read More

Foley & Lardner Alert: Supreme Court Raises Bar For Class Action Plaintiffs In Wal-Mart v. Dukes
Posted on 27 Jun 2011 by Foley & Lardner LLP

On June 20, 2011, the United States Supreme Court sided with Wal-Mart in a long-awaited decision regarding standards that apply to class action cases. The new opinion makes it harder for plaintiffs to obtain class certification [ Wal-Mart Stores v. Dukes... Read More

U.S. Supreme Court Rules Class Certification In Antitrust Case Improper
Posted on 27 Mar 2013 by Joan Grossman

By Joan Grossman WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 27 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... Read More

Will Supreme Court's Wal-Mart Ruling Affect Securities Class Action?
Posted on 28 Jun 2011 by Kevin M. LaCroix

In the wake of the U.S. Supreme Court's landmark June 20, 2011 decision in Wal-Mart Stores v. Dukes , numerous commentators have asserted that the case could have a significant impact on future class actions. For example, one law firm's memo about... Read More

Wal-Mart v. Dukes Is No Death Blow To Women's Rights In The Workplace
Posted on 22 Jun 2011 by Jon Hyman

Jon Hyman I thought that I had my final say on Wal-Mart v. Dukes yesterday . Then, I read more of the commentary on the decision. For example, this clip from MSNBC argued that the Wal-Mart case marks the end of women's equality in the workplace... Read More

7 Key Points From The Supreme Court's Wal-Mart v. Dukes Class Action Opinion
Posted on 22 Jun 2011 by Jon Hyman

Jon Hyman Yesterday, the Supreme Court unanimously reversed the certification of the class action in Wal-Mart Stores, Inc. v. Dukes . Recall that Dukes sought the certification of a nationwide class of 1.5 million female Wal-Mart employees allegedly... Read More

Behrend v. Comcast: 3rd Circuit Affirms Class Certification In Antitrust Case
Posted on 15 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Our immediately prior posting addressed the issue of how a single case in a multiparty, multidistrict litigation raising industry-wide antitrust claims was plucked out and sent to arbitration. How a plaintiff manages around that... Read More