LexisNexis® Legal Newsroom
Are Plaintiffs Fleeing Delaware?

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 impose more stringent prerequisites for awarding...

Ticketmaster to Settle Consumer Class Action

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 as more traditional box office services fall...

Kevin Brady Discusses Recent Delaware Court of Chancery Ruling on Objection to Class Action Representative

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 Orleans Employees' Retirement System ("NOERS"...

Certifying Settlement Class Actions

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 the requirements of Rule 23. Sullivan v. DB...

U.S. High Court: Class Rep’s Damages Limit Doesn’t Defeat Federal Jurisdiction

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 19 ( The Standard Fire Insurance Company v. Greg...

High Court: Class Certification in Antitrust Case Was Improper

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 expert testimony, to show that the case is...

Comcast v. Behrend Sets a Higher Bar for Class Certification

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) [lexis.com subscribers may access the opinion] . At issue was whether the proponents...

U.S. Supreme Court Vacates Moldy Washer Ruling In Light of Comcast v. Behrend

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 front-loading automatic washers and remanded...

U.S. Supreme Court Tightens Requirement for Proof of Class-Wide Damages as a Condition to Class Action Certification (Comcast v. Behrend)

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 lexis.com subscribers ], the United States Supreme Court restricted the ability of individuals...

A "Vibe" is Not Enough: Ben & Jerry's "All Natural" Case Loses Class Certification

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, I'll never be lonely ." That's sort...

Seventh Circuit Favors Simplified and Neutral Class Action Notices

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 of class action settlement that had been approved...

New Supreme Court Case Could Have Huge Impact on Class Action Litigation

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 the stage for the Court to consider whether Congress...

Delaware Court of Chancery Rejects Two Separate M&A Settlements on Same Day

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 Reuters . The two cases are Acevedo v. Aeroflex...

The Beginning of the End of the Merger Objection Lawsuit Curse?

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 , and sometimes several. However, if recent developments...

Can an NC Superior Court Judge Modify Another Judge's Class Certification Order?

Is the certification of a class by an NC state court set in stone or can it be modified during the course of the litigation? The federal rule vs. the state rule There is a difference between the federal rule governing class actions ( FRCP 23 ) and the North Carolina equivalent ( NCRCP 23 ). The...

Two Cases From NC Business Court: Class Action Fees Doubled and Expedited Discovery Denied

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 can access an enhanced version of this opinion: lexis...