Monthly Archives: December 2010

Removal Burdens Under CAFA Where the Complaint Fails to Allege a Specific Amount of Monetary Damages

Class action plaintiffs may seek to thwart removal by filing a complaint that is silent or ambiguous about the dollar amount of damages sought. In such cases, the face of the complaint does not show that the amount in controversy

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The Difficulty in Certifying a Class Action Against Drug Companies

Three recent cases demonstrate the difficulty with certifying class actions by third-party payors (TPPs) against drug companies. In In Re: Yasmin and Yaz Marketing, Sales Practices and Products Liability Litigation, the U.S. District Court for the Southern District of Illinois

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Update: Third Circuit Sends Mixed Messages on Class Action Settlements

An update to Jeff Weil and Jillian Thornton’s post on Third Circuit opinions regarding approval of class action settlements recently appeared in The Legal Intelligencer and can be found here. About The Author

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Supreme Court to Review Class Certification in Gender Discrimination Suit Against Wal-Mart

This week, the U.S. Supreme Court granted Wal-Mart’s petition for certiorari challenging the certification of a class of 1.5 million female employees in a gender discrimination lawsuit. The Ninth Circuit affirmed the class certification in April. The writ of certiorari

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Supreme Court Considers Enforceability of California Consumer Class Action Waivers

The U.S. Supreme Court recently heard arguments in a dispute that could have far-reaching implications for the future of consumer fraud class actions. While one possible outcome threatens, in the words of one of the litigants, to become the “death

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