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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: bifurcation

Bifurcating Discovery to Reduce Costs

Posted in Discovery, Motions Practice

 It’s a tale as old as the Telephone Consumer Protection Act ("TCPA"): defendant Janssen Pharmaceuticals sent out a fax reporting on the reclassification of its drug Levaquin for insurance purposes. The plaintiff sued it for violating the TCPA, claiming the fax was an advertisement; Janssen responded that the content of the fax was informational. It… Continue Reading

Classic Cases – In re Rhone-Poulenc Rorer

Posted in Certification

 I’m going to try a new semi-regular feature, which is to provide summaries of some of the seminal cases on which class-action defendants frequently rely. Instead of focusing on the tactics that led to these rulings, I’ll be highlighting the most commonly-used passages, as well as some that may be wrongly overlooked. We’ll start this… Continue Reading