Litigation

Recent Posts

Williams Mullen: State Attorneys General Served ‘Home Cooking’ By The Supreme Court Of The United States
Posted on 16 Jan 2014 by Williams Mullen

By Charles E. “Chuck” James Jr. and Brendan D. O’Toole On January 14, 2014, in Mississippi v. AU Optronics Corp. , the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does... Read More

Ballard Spahr LLP: 7th Circuit Green Lights Data Breach Class Action Against Neiman Marcus
Posted on 29 Jul 2015 by Ballard Spahr LLP

By Phillip N. Yannella, Daniel JT McKenna and Suzanne O. Lufadeju An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data... Read More

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

William A. Ruskin: Comcast Corp. v. Behrend's Impact In Toxic Tort Litigation
Posted on 21 Apr 2014 by William A. Ruskin

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... Read More

Supreme Court Will Review Class Certification In Comcast Antitrust Case
Posted on 25 Jun 2012 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 25 agreed to decide "[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony... Read More

DLA Piper: California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?
Posted on 20 May 2014 by DLA Piper

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... Read More

Abbey Spanier: California Appeals Court Reverses Its Previous Denial of Class Certification In Light Of Brinker Decision
Posted on 3 Jun 2013 by Abbey Spanier

Plaintiffs brought a class action on behalf of approximately 4,000 current and former employees of Boyd & Associates, Inc. which provides security guard services. Plaintiffs alleged that Boyd denied off-duty meal breaks and off-duty rest breaks and... Read More

Basic, Dura And The Halliburton Decision On Class Certification In Securities Class Actions
Posted on 9 Jun 2011 by Thomas O. Gorman

Plaintiffs in a securities class action are not required to prove loss causation as part of the class certification process, the Supreme Court held in a unanimous decision handed down on Monday. Erica P. Hon Fund, Inc. v. Halliburton Co., No. 09-1403... Read More

High Court Will Have To Resolve Circuit Split On Class Certification In Securities Fraud Cases
Posted on 15 Nov 2011 by Thomas O. Gorman

The Ninth Circuit joined the Third and the Seventh in concluding that at the class certification stage plaintiffs in a securities fraud damage action need not prove materiality to utilize the fraud-on-the market. Three other circuits take a contrary view... Read More

Proof of Loss Causation Not Needed At Class Certification Stage, High Court Rules In Halliburton Case
Posted on 9 Jun 2011 by Kevin M. LaCroix

As many observers had expected, the U.S. Supreme Court has reversed the Fifth Circuit's opinion in the Halliburton case. In a brief June 6, 2011 opinion from Chief Justice John Roberts , writing for a unanimous court, the Court held that securities... 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

Florida Jury Says Smoker Not Addicted, Returns Defense Verdict (Watch Video Excerpts Of The Closing Statements)
Posted on 27 May 2015 by Maureen McGuire

PENSACOLA, Fla. — (Mealey’s) A Florida state court jury returned a defense verdict May 21 in a suit alleging that the death of a former smoker from chronic obstructive pulmonary disease (COPD), coronary artery disease and peripheral vascular... 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

U.S. High Court Will Consider Jurisdictional Debate In Xbox Suit
Posted on 19 Jan 2016 by Mark Rogers

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Jan. 15 granted a petition for writ of certiorari filed in a suit accusing Microsoft Corp. of a selling defective Xbox consoles but limited the appeal and agreed to consider only if a... Read More