LexisNexis® Legal Newsroom
High Court Will Consider Whether Reverse-Payment Settlements Are Anti-Competitive

WASHINGTON, D.C. — (Mealey's) The Supreme Court on Dec. 7 granted the Federal Trade Commission’s petition for a writ of certiorari seeking consideration of whether reverse-payment settlements of patent litigation between the holder of a drug patent and generic manufacturers of the drug...

U.S. High Court: Prison Officers Not Immune From Assault Claims

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme...

Supreme Court Says Health Plan Terms Govern ERISA Reimbursement Action Based On Equitable Lien

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 16 ruled that a health plan administrator's claim for reimbursement against a plan participant under Employee Retirement Income Security Act Section 502(a)(3) based on an equitable lien by agreement is governed by the terms of the...

3rd Circuit Rejects Garlock’s Appeal Of Grace’s Plan For Lack Of Injury, Standing

PHILADELPHIA — (Mealey’s) Chapter 11 debtor Garlock Sealing Technologies Inc. does not have standing to object to fellow debtor W.R. Grace & Co.’s confirmed plan of reorganization because Garlock cannot show that it will be harmed by the plan, the Third Circuit U.S. Court of Appeals...

Abbey Spanier LLP: 3rd Circuit Joins 7th, 9th Circuits Holding That Federal Common Law Standard For Successor Liability Applies To FLSA Claims

Last week, the Third Circuit issued a precedential decision holding that the federal common law standard for successor liability is applicable to claims brought under the Fair Labor Standards Act [ enhanced opinion available to lexis.com subscribers ]. The plaintiff filed a class and collective action...

3rd Circuit Says Design Defect Claims For Generic Fosamax Are Preempted

PHILADELPHIA — (Mealey’s) Strict liability design defect claims involving generic versions of the osteoporosis drug Fosamax are preempted by federal law despite plaintiffs’ attempts to narrow U.S. Supreme Court case law, a panel of the Third Circuit U.S. Court of Appeals ruled April...

Ballard Spahr LLP: 3rd Circuit Holds That Courts, Not Arbitrators, Should Rule On Classwide Arbitration

By Steven W. Suflas, Alan S. Kaplinsky, Mark J. Levin, Burt M. Rublin, and Michelle M. McGeogh In Opalinski v. Robert Half International, Inc. [ enhanced opinion available to lexis.com subscribers ], the United States Court of Appeals for the Third Circuit held that where an arbitration clause is...

Ballard Spahr LLP: 3rd Circuit Rejects Class Certification in Yet Another Consumer Case

By Burt M. Rublin and Joel E. Tasca Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged overbilling practices, which implicated differing...

Norton Rose Fulbright: Red Bull Settlement Problems Show Consequences Of Certifying Unascertainable Classes

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 not retain receipts or proofs of purchase (think...

DLA Piper: 11th Circuit Opinion On Ascertainability Will Likely Make It Tougher To Certify Class Of Purchasers Of Small-Dollar Consumer Products

By E. Colin Thompson | A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification. The court held that a plaintiff cannot establish that a class is ascertainable...

Ballard Spahr LLP: 3rd Circuit Clarifies Article III Standing For Absent Class Members, Impact Of Comcast

By Burt Rublin, Michael Carroll, and Casey Watkins In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that so long as any named...

Ballard Spahr LLP: 7th Circuit Rejects 'Heightened Ascertainability' Requirement For Class Actions

By Michael R. Carroll and Burt M. Rublin Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable and administratively...

DLA Piper LLP: 7th Circuit Rejects 3rd Circuit's ‘Heightened’ Ascertainability Analysis

By E. Colin Thompson Critics of the controversial ascertainability requirement for class certification that the Third Circuit has been applying since 2012 are rejoicing after a recent Seventh Circuit Court of Appeals decision that flatly rejects the Third Circuit's approach. The Seventh Circuit...

Super Bowl of Sour Grapes

A federal lawsuit brought after Super Bowl XLVIII, which was held in New Jersey in 2014, was recently dismissed for lack on standing on the part of plaintiffs. Named plaintiffs, Josh Finkelman and Ben Hoch-Parker, wanted to attend the 2014 Super Bowl. Finkelman bought two tickets on the resale market...