Last week, the Court of Appeals for the Seventh Circuit issued an opinion clarifying the distinction between two distinct, but often closely related concepts: Article III standing and the more prudential doctrine known as “antitrust standing.”

Continue Reading Seventh Circuit Stresses the Distinction Between Article III Standing and Antitrust Standing

A new Seventh Circuit decision – Santiago v. City of Chicago – bolsters the strategy among some class action defense lawyers to not bifurcate class certification and merits discovery.[i] This strategy instead contemplates that the opposition to Plaintiff’s class certification motion will be filed simultaneously with a motion for summary judgment. The Seventh Circuit’s

Many states have statutes establishing that, as a condition of registering to do business in a state, a foreign corporation consents to general personal jurisdiction in that state.  Since the Supreme Court’s decision in Daimler AG v. Bauman, 571 U.S. 117 (2014) tightening the scope of the general personal jurisdiction doctrine, lower courts have

The Court of Appeals for the Ninth Circuit issued a decision recently in Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC (“Olean Wholesale”), confirming that district courts must rigorously examine competing expert evidence when determining whether the requirements of class certification have been satisfied.

In Olean Wholesale, litigation related

On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the Telephone Consumer Protection Act (TCPA). In a decision authored by Justice Sonia Sotomayor, the court adopted the narrow, pro-defendant definition of autodialer.

Continue Reading U.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory

On March 30, 2021, the United States Supreme Court heard oral argument in Transunion LLC v. Ramirez, No. 20-297, a case that could have far-reaching implications on absent class member standing, particularly where the injuries of these absent class members would be impossible or difficult to establish.  The Court agreed to address whether Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury like what the class representative suffered.

Continue Reading Will No-Injury Class Actions Have Any Leg to Stand on? U.S. Supreme Court Hears Argument in TransUnion v. Ramirez

The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence to support class certification.

In Lyngaas, a plaintiff brought a class action against Curaden AG, a Swiss entity, and its U.S. subsidiary,

McGuireWoods partners Davis Walsh and Samuel Tarry are editors of a timely new book providing practical guidance for handling infectious disease litigation, from COVID-19 pandemic disputes to localized outbreaks that require specialized knowledge. “Infectious Disease Litigation: Science, Law & Procedure” is published by the American Bar Association and becomes available Feb. 12.

“Public

On October 13. 2020, White Castle System, Inc. petitioned the United States Court of Appeals for the Seventh Circuit for permission to seek an interlocutory appeal pursuant to 28 U.S.C. § 1292(b).  This petition arises out of the United States District Court for the Northern District of Illinois’ opinion on White Castle’s motion for judgment