Below, Chicago partner Michael R. Phillips shares his thoughts on a petition for certiorari that could have a big impact on the evidentiary standards applied to plaintiffs pursuing class certification.

A major California grower has asked the Supreme Court to resolve a circuit split by holding that evidence used to support class certification must be admissible.  The U.S. Court of Appeals for the Ninth Circuit is currently one of only two federal courts of appeal that allow class certification to be based on evidence that would not satisfy the standards for admissibility at trial.  A uniform rule requiring class certification … Continue Reading

Los Angeles labor and employment litigators Michael Mandel and Amy Beverlin bring us perspective on three class-action waiver cases currently awaiting decision by the Supreme Court, as well as a potential path forward for class-action waivers in employment contracts.

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor Relations Board v. Murphy Oil USA, Inc. (5th Circuit), Epic Systems Corp. v. Lewis (7th Circuit), and Ernst & Young LLP v. Morris (9th Circuit).  In its impending decision, … Continue Reading

This week, partner Alicia A. Baiardo and associate S. Virginia Bondurant Price report on a recent dismissal of a product liability class action.

A recent 40-page opinion from the Central District of California illustrates how a Rule 12(b)(6) motion is still a viable vehicle to fight back against putative class actions.  We have seen an increase in the number of product liability consumer class actions over the past ten or so years where plaintiffs expressly disclaim personal injury and wrongful death damages and only allege damages of repair of the product, diminution in value of the product, overpayment of the … Continue Reading

Brussels-based antitrust partner Matthew Hall brings us an update on two ongoing UK antitrust class actions and one on the horizon.

Antitrust class actions in the UK are beginning to take hold before the specialist Competition Appeal Tribunal (CAT), but progress is not all smooth.  Two cases have been filed and another is about to be filed.

The first claim, started May 25, 2016 under the rules introduced on October 1, 2015, was relatively small, with an alleged claim value of £7.7 million, including interest.  The claim was based on a type of resale price maintenance (RPM)—specifically, a finding … Continue Reading

Below, Chicago-based litigator Matt Gold weighs in on the implications of last week’s Supreme Court decision rejecting the sliding scale approach to specific jurisdiction in mass tort proceedings.

On June 19, 2017, the Supreme Court reinforced its narrow application of specific jurisdiction in mass tort proceedings in an 8-1 decision in Bristol-Myers Squibb Company v. Superior Court of California.  In the class action context, this ruling may impede future class representatives attempting to forum shop by filing suit in a state court that not only lacks general jurisdiction over the defendant, but also lacks a direct connection to the … Continue Reading

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