Blog Archives

Fourth Circuit: Rule 23(f) Review Does Not Apply to Decertification Denials

Rule 23(f) provides for discretionary interlocutory review of an order “granting or denying class-action certification” if a party files a petition for permission to appeal within 14 days after the order is entered.  Last month, the Fourth Circuit rejected an

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Third Circuit Ascertainability Rulings Continue to Imperil Low-End Consumer Class Actions

It’s a pattern repeated in millions of households every day:  you go to the grocery or the drug store, buy the items you need, and don’t bother to keep the receipt.  You may throw the receipt away immediately, you may throw

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Halliburton Decided! World Does Not End

This morning the Supreme Court released its highly-anticipated decision in Hallburton Co. v. Erica P. John Fund, Inc.  As we (and, to be fair, others) predicted after the oral argument, the Court did not have the appetite to overturn Basic

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Defeating the “Fail Safe” Class Definition

Some class action plaintiff lawyers facing individualized liability issues will try to obtain class certification by defining the proposed class in a way that assumes liability.  It’s somewhat akin to the baseball player who runs outside the baseline to avoid

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Dispatches from the E-Book Wars

Apple’s e-book fortunes in the Southern District of New York darkened and then brightened this past week as Judge Denise Cote denied Apple’s request to stay its upcoming damages trial and plaintiffs’ class notification. Later in the week, however, the

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Fear and Trebling: E-Book Class Action Takes a(nother) Bite out of Apple

The legal drama continues for Apple, Inc., as the tech giant recently suffered another in a string of significant legal setbacks in the e-book antitrust saga in the Southern District of New York.  Last month, Judge Denise Cote granted the

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