Header graphic for print
Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: mootness

Mootness Maneuvering – Physicians Healthsource Inc. v. Allscripts-Misy’s Healthcare Solutions, Inc.

Posted in Motions Practice, Strategy

This term, the Supreme Court will review several class action cases. In one of those, Genesis HealthCare Corp. v. Symczyk (technically, an FLSA collective action, but a ruling either way will likely have wider significance) it will decide whether a defendant can moot a class action by offering full relief to a class representative. The case… Continue Reading

Two Views of Comity in Class Actions

Posted in Certification

 Last week, there were two appellate opinions, one from the Seventh Circuit and one from the Tenth, that are worth some attention. They’re worth discussing together as well, because while only one is really helpful for defendants, both discuss different conceptions of how to argue comity in class actions. The first is Smentek v. Dart (7th… Continue Reading