Raleigh-based litigator Joan Dinsmore brings us a discussion of yet another memorable opinion by Seventh Circuit Judge Richard Posner.

Earlier this year, the United States Court of Appeals for the Seventh Circuit refused to reconsider en banc its decision reversing certification of a class of glaucoma sufferers who claimed that eye drop containers dispense drops that are too large, forcing them to purchase eye drops more frequently. In so doing, the Seventh Circuit let stand a ruling in which Judge Richard Posner—aided by another of his now-infamous cat analogies—got frisky with the plaintiffs’ theory of liability, which he claimed was … Continue Reading

Diane Flannery and Annie Cai Larson provide their thoughts below on a Seventh Circuit Court of Appeals decision from earlier this year that held a counterclaim-defendant could not rely on CAFA to avoid state court. 

The Class Action Fairness Act (CAFA) was enacted in 2005 to expand the subject-matter jurisdiction that Federal courts had over class actions.  Yet CAFA’s reach is not unlimited, and in some instances, a corporation may still be stuck litigating a large-scale class action in state court—a venue friendly to class action plaintiffs.

Earlier this year, the Seventh Circuit Court of Appeals held in Tri-State Water Continue Reading

Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court’s latest class certification decision.

Resolving a current split amongst multiple federal circuits, the United States Supreme Court recently ruled in Microsoft Corp. v. Baker that federal courts of appeals lack jurisdiction to review orders denying class certification after plaintiffs voluntarily dismiss their claims with prejudice.  Justice Ginsburg wrote the majority opinion, joined by Justices Kennedy, Breyer, Sotomayor, and Kagan, overturning the United States Court of Appeals for the Ninth Circuit, citing a lack of jurisdiction under 28 U.S.C. § 1291 (“§ 1291”).  In a separate opinion concurring … Continue Reading

Richard C. Beaulieu reports below on the Iowa Supreme Court’s affirmation of the trial court’s order certifying a class of individuals asserting claims against a corn milling facility based on allegations of air pollution.

Over the past two decades, large agricultural operations have become a popular target for plaintiffs’ attorneys.  Bringing claims under common law causes of action like negligence, trespass, and especially nuisance based on the environmental impacts of these agricultural operations, plaintiffs in these cases have frequently succeeded in winning substantial judgments.  While there have been some class actions based on these theories in the past, most such … Continue Reading

Commercial litigator Brooks Gresham and products liability litigator Trent Taylor bring us some timely thoughts about reliance from a recent decision by the U.S. District Court for the Northern District of California in a food-labeling class action.

Leonardo da Vinci, among many other laudable epithets, has been called “the last person who knew everything,” as he is thought to have learned all of the scientific knowledge that was available at the time. Whether or not true, undoubtedly Leonardo would be overwhelmed by the amount of knowledge available today, instantaneously, at the touch of a button. Indeed, in the United States … Continue Reading

Despite my best intentions, I have not been posting here as often as I would like in the past few months.  But that does not mean that I have not been reading.  So, in lieu of a long-winded analysis of some new tactic, trend, or article, please accept the following capsule reviews of three of the more interesting and practical class action articles from the last few months:

(1)  Alex Atticus Parkinson, Class Actions as Firms. Class action scholars have scratched their heads over how to characterize a Rule 23 class action suit for years.  Is it just specialized

Continue Reading

Those who tuned in to McGuireWoods’ data breach class action webinar last month know that attacking the plaintiff’s standing can be an effective defense strategy in these cases.  Here’s our analysis of the most recent appellate decision on that issue.

Last Tuesday, the Second Circuit Court of Appeals affirmed the district court’s dismissal of a putative class action filed against a merchant in connection with a data breach of customer information, holding that the cardholder failed to allege sufficient injury to establish standing.

The decision adds yet another data point for practitioners feeling out the boundaries for when the exposure … Continue Reading

Last week, David S. Reidy provided his analysis of the California Supreme Court’s recent decision invalidating an arbitration and class waiver provision in a credit card customer agreement.  We jumped at the chance to republish his McGuireWoods Legal Alert here.

On April 6, the California Supreme Court issued the latest in an ongoing series of cases resisting preemption of California state law under the Federal Arbitration Act (FAA) and again testing the limits of the U.S. Supreme Court’s jurisprudence under the FAA.

The decision purports to limit the enforceability in California of arbitration clauses that address injunctive relief, and will … Continue Reading

McGuireWoods’ class action and data privacy and security teams will be presenting a webinar on the tactical defense of data privacy and breach class actions on April 5, 2017 at 1:00 p.m. EST.  Panelists Laura A. Lange, Jarrod D. Shaw, A. Brooks Gresham, and Andrew J. Trask will discuss merits issues, certification issues, and settlements in these increasing frequent cases. You can register here.… Continue Reading