LexisNexis® Legal Newsroom
Oral Argument in Wal-Mart v. Dukes: Class Certification Appears Unlikely as Justice Kennedy Raises Internal Inconsistencies in Plaintiffs’ Argument

by Arthur Silbergeld and Jessica Boar of Bingham McCutchen LLP Counsel for Plaintiffs' time before the Supreme Court during oral argument on Tuesday morning probably felt more like years than an hour. The Court pounded Plaintiffs' counsel with questions regarding the suitability of the...

Supreme Court: No 1st Amendment Protection For Government Employee’s ‘Petition’

[UPDATED: 6/21 9:03 p.m.: Case number corrected] WASHINGTON, D.C. - (Mealey's) A government employer's actions alleged to be retaliatory are not limited by the First Amendment's petition clause unless the employee's petition is related to a matter of public concern, the U.S. Supreme...

High Court Hears Oral Arguments In Antitrust Class Certification Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court heard oral arguments Nov. 5 on "[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to...

High Court Asked to Decide Whether Securities Suit May Proceed as a Class Action

WASHINGTON, D.C. - (Mealey's) A shareholder plaintiff and a pharmaceutical company debated in front of the U.S. Supreme Court on Nov. 5 whether a securities lawsuit may proceed as a class action even if the plaintiff is unable to plead materiality ( Amgen Inc., Kevin W. Sharer, Richard D. Nanula...

U.S. Supreme Court Rules Securities Class Action Plaintiffs Need Not Prove Materiality for Class Certification

In a much anticipated ruling in the Amgen securities class action litigation, the U.S. Supreme Court, in a 6-3 majority opinion written by Justice Ginsburg, held that a securities plaintiff is not required to prove that the allegedly misleading statements are material as a prerequisite to class certification...