Tyson Foods v. Bouaphakeo, ___ U.S. ___ (2016). This decision, issued today, is one of several closely-watched class action cases at the Supreme Court of the United States this year. In a 6-2 decision, the Court upheld a jury verdict ...
I have been tapped to deliver the 27th Annual Alice and Stephen Evangelides Lecture at the Eagleton Institute of Politics in New Brunswick on February 9 at 8 P.M. The topic will be “Class Action Litigation: Who Benefits?” The lecture ...
Campbell-Ewald Co. v. Gomez, 136 S. Ct. 846 (2016). The Supreme Court of the United States has made some dreadful decisions in the class action area, including notorious rulings restricting class certification, making it harder for plaintiffs to use expert ...
The Supreme Court announced today that it has granted review in Myska v. New Jersey Manufacturers Ins. Co., 440 N.J. Super. 458 (App. Div. 2015). [Disclosure: I am co-counsel for New Jersey Manufacturers in this matter]. The question presented, as ...
Reyes v. Netdeposit, LLC, 802 F.3d 469 (3d Cir. 2015). Sometimes things slip through the cracks. This opinion by Chief Judge McKee was issued on September 2, but only now is it being discussed here. This was a RICO class ...
In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, 795 F.3d 380 (3d Cir. 2015). Every five years, the Third Circuit issues an opinion on class certification in this protracted class action case. See In re Community Bank ...
Regular readers of this blog have seen frequent criticism of the class action “ascertainability” doctrine espoused by Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). Recently, as discussed here, the Appellate Division in Daniels v. Hollister Co., 440 ...
The point has often been made, including here and here, that appellants’ briefs are best off if they focus on the few best arguments available, rather than raising every conceivable argument in the hope that something will bring reversal. Now, ...
Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of the notion that there is some sort of “class ascertainability” ...
Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were “objective records” that could “readily identify” class members. Indeed, defendant’s own records revealed the computers on ...