Class Action

No Showing of Loss or Materiality Needed at Class Certification Stage According to United States Court of Appeals for the Seventh Circuit [Schleicher v. Wendt]

Mayer Brown
August 30, 2010

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More Difficult to Challenge Class Allegations at Pleading Stage In Wage Hour Cases [Gutierrez. v. California Commerce Club, Inc]

Seyfarth Shaw
August 27, 2010

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Eighth Circuit Affirms Denial of Class Certification in Fixed Annuity Interest Crediting Case [Avritt v. Reliastar Life Ins. Co.]

Sutherland
August 30, 2010

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Appeals Court Decision Opens Door to More Credit Repair Class Action Litigation against Credit Counseling Agencies [Zimmerman v. Puccio]

Venable
August 2010

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Patronage Capital Lawsuits Against Electric Cooperatives on the Rise

Sutherland
August 19, 2010

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U.S. Court of Appeals for the Eleventh Circuit Issues Decision Curtailing Federal Jurisdiction Over Class Actions [Cappuccitti v. DirecTV]

Gibson Dunn
August 17, 2010

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Eighth Circuit Holds that Class Actions Under California Unfair Competition Law Must Meet Federal Standing Requirements for Absent Class Members [Avritt v. Reliastar Life Ins. Co]

Mayer Brown
August 17, 2010

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Retained Asset Account Class Action Merits Victory Affirmed By Second Circuit [Rabin v. MONY Life Insurance Company]

Sidley Austin
August 10, 201
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Cappuccitti Decision Could Curtail CAFA Suits in the Eleventh Circuit

Greenberg Traurig
July 27, 2010

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11th Circuit Creates Uncertainty over Scope of Class Action Fairness Act Jurisdiction [Cappuccitti v. DirecTV, Inc]

Ballard Spahr
July 27, 2010

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Outsourcing Justice: The California Supreme Court’s Decision in County of Santa Clara v. Superior Court (Atlantic Richfield)

Morrison Foerster
July 26, 2010

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U.S. Court of Appeals for the Seventh Circuit Issues Opinion Regarding the Legality of the NCAA Ticket Distribution Lottery

Blank Rome
July 2010

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Fifth Circuit Adopts "Specific Intent" Standard to Dismiss Natural Gas Market Manipulation Class Action

Jones Day
July 2010

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Are Nationwide State-Law Classes Tenable Even for Settlement Purposes? The Third Circuit Rejects One but Leaves a Partially Open Door [Sullivan v. DB Investments, Inc]

Debevoise & Plimpton
July 15, 2010

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Collective actions in Europe - July 2010

Clifford Chance
July 6, 2010

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Financial Services Sector Employers Take Heed: Wage and Hour Class Action Against BoFA Goes Nationwide

EpsteinBeckerGreen
June 25, 2010

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Class Certified in Action Involving Annuity Sales to Seniors [Kennedy v. Jackson Nat’l Life Ins. Co]

Sutherland
June 30, 2010

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Eleventh Circuit Clarifies That Defendants May Introduce Evidence to Satisfy CAFA’s Removal Requirements [Pretka v. Kolter City Plaza II, Inc]

Mayer Brown
June 28, 2010

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Hospitals and Health Care Systems in the Crosshairs for Meal Break Litigation

Baker & McKenzie
June 15, 2010

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Seventh Circuit Upholds Class Certification for Consumer Fraud Claims [Pella Corp. v. Saltzman]

Mayer Brown
June 14, 2010

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Major Ninth Circuit Decision Sets Out Standards for Class Certification [Dukes v Wal-Mart]

Pillsbury
June 3, 2010

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Ninth Circuit Affirms Certification of Largest Class Ever: Dukes v. Wal-Mart Lowers the Bar for Class Certification and Raises Concerns in the Process

Holland & Knight
May 19, 2010

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Cracking Down on Settlement Agreement Appeals

Kirkland & Ellis
May 17, 2010

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California Supreme Court Narrowly Construes "Commercial Speech" Exemption to Anti-SLAPP Statute [Simpson Strong-Tie Co. v. Gore]

Davis Wright Tremaine
May 18, 2010

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Federal Appellate Court Allows Sex Discrimination Class Action Encompassing Up To 1.5 Million Class Members

Sullivan & Cromwell
May 5, 2010

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Ninth Circuit Holds That District Courts Retain Jurisdiction Under the Class Action Fairness Act After Denying Class Certification in Removed Cases

Howrey
May 4, 2010

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Ninth Circuit En Banc Decision Affirms "Rigorous Analysis" Required to Satisfy Rule 23

Bingham
May 4, 2010

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New Ninth Circuit Decision Affirms Certification of Class of Hundreds of Thousands of Wal-Mart Employees Alleging Gender Discrimination

Wilson Sonsini
April 30, 2010

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What Should Large Employers Do Now? Implications of Dukes v. Wal-Mart

Crowell & Moring
April 29, 2010

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Dukes v. Wal-Mart: En Banc Panel of Ninth Circuit Affirms Sprawling Employment Class Action

Skadden
April 28, 2010

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Dukes v. Wal-Mart Stores, Inc.

O'Melveny & Myers
April 28, 2010

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Sharply Divided Ninth Circuit Upholds Class Certification in Massive Sex Discrimination Litigation [Dukes et al. v. Wal-Mart Stores Inc]

Jackson Lewis
April 28, 2010

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Class Actions: One Size Fits All – at Least for Now – in the Ninth Circuit

Squire Sanders
April 27, 2010

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New Equal Pay Challenges to Employers: En Banc Decision in Dukes v. Wal-Mart Affirms Certification of Massive Gender Discrimination Class, While Congress Considers Aggressive New Legislation

Orrick
April 27, 2010

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A Sharply Divided Ninth Circuit Upholds Certification of Largest Employment Discrimination Class Action in History [Dukes, et al. v. Wal-Mart]

Paul Weiss
April 27, 2010

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Two New California Class Action UCL Standing Cases Address “Reliance”

Locke Lord
April 26, 2010

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High Court Holds That State Class Action Limits Are Pre-Empted in Federal Court

Seyfarth Shaw
April 15, 2010

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Seventh Circuit Takes the Lead In Routing Out Dubious Expert Testimony Supporting Class Certification [American Honda Motor Company, Inc. v. Allen]

Hogan & Hartson
April 14, 2010

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Seventh Circuit Confirms that District Courts Must Resolve Daubert Objections to Class Certification Experts Before Ruling on Motion to Certify Class [American Honda Motor Co. v. Allen]

Mayer Brown
April 12, 2010

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Seventh Circuit Rules That Class Actions Pleaded as Counterclaims Are Not Removable Under the Class Action Fairness Act [First Bank v. DJL Properties, LLC]

Mayer Brown
April 1, 2010

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Class Action Complaints Allege that Yelp.com Sales Reps Use Threats, Manipulation to Sell Advertising

Arent Fox
March 31, 2010

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Netflix Settles Class Action Suit that Alleges Violation of Privacy Policy

Arent Fox
March 30, 2010

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Social Networking Developer Faces Class Action Related to Online Security Breach [Claridge v. RockYou, Inc]

Arent Fox
March 30, 2010

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Registered Nurse Wage Suppression Class Actions: Four Years of Litigation, Steady Defeats of Plaintiffs’ Claims

McDermott Will & Emery
March 24, 2010

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Supreme Court’s Decision Opens Doors To Lawsuits Under The Federal Class Action Fairness Act [Hertz v Friend]

Locke Lord
From Mealey's Litigation Report
March 18, 2010

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Federal Court Rejects Certification of Gender Discrimination Class Action Premised on Novel Theory [Randall et al. v. Rolls-Royce Corporation]

Morgan Lewis
March 22, 2010

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Structured Settlement Update: Spencer v. Hartford Financial Services Group, Inc., et al

Drinker Biddle
March 19, 2010

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California Court Revives CLRA Class Action on ‘Inference of Common Reliance’ [McAdams v. Monier, Inc]

Pillsbury
March 15, 2010

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Novel ECOA Claims Asserted Against Lenders & Servicers Regarding Loan Modification Requests

Locke Lord
March 11, 2010

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In re Sprint Nextel Corp.: The Seventh Circuit Says "No" to Hedging in Class Actions

Jones Day
March 5, 2010

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Hot Topics: Litigation

Supreme Court
Supreme Court Decides Trio of Honest Services Fraud Cases
Bilski- Patentability of Business Methods
Constitutional Challenge to PCAOB (and S-Ox)
Morrison & "F-Cubed" Securities Litigation
Supreme Court To Review Matrixx v Siracusano; Weigh-In On Use of Adverse Event Reports
Rent-A-Center West: Parties Can Delegate Enforceability Issues To Arbitrator
Granite Rock Co. v. Intl Brotherhood of Teamsters
Kawasaki Kisen Kaisha: COGSA Trumps Carmack Amendment
Monsanto v Geertson & Threshold For Environmental Injunctions
American Needle: "Single Entity" NFL Subject to Antitrust Scrutiny
Hardt v Reliance Standard & Rules for Attorney's Fees under ERISA
Lewis v City of Chicago & Timing of EEOC Disparate Impact Claims
Merck & Statute of Limitations in Federal Securities Fraud Cases
Stolt-Nielson & Class Arbitration under FAA
Jerman v. Carlisle & FDCPA's Bona Fide Error Defense
Conkright v. Frommert & Deference to ERISA Plan Administrators
Shady Grove Orthopedic Associates: In Class Action, Federal Diversity Rules Trump State Rules
Jones v Harris Associates & Excessive Investment Adviser Fees
Graham County & False Claims Act's "Public Disclosure" Bar
Hertz v Friend: Supreme Court Clarifies Diversity Jurisdiction Standard
Reed Elsevier v Muchnick & Federal Court Jurisdiction Re: Works Unregistered Under Copyright Act
Citizens United v FEC: Supreme Court Overturns Ban On Corporate/Union Campaign Expenditures
Hemi Group: Supreme Court Limits RICO's Proximate Cause Requirement
NRG Power Marketing: Negotiated Power Contracts Presumed Just  
Graham County & False Claims Act's "Public Disclosure" Bar
Ricci v DeStefano & Reverse Discrimination 
Cuomo v Clearing House & OCC
Gross v FBL: Supreme Court Requires "But For" Causation in Age Discrimination Cases
Coeur Alaska & The Clean Water Act
Ashcroft v Iqbal: Twombly Pleading Standards Clarified
Hulteen: Pregnancy Discrimination Act Not Retroactive
Burlington Northern & Arranger CERCLA/Superfund Liability 
Arthur Anderson v Carlisle: Stays Under the Federal Arbitration Act Clarified 
Carlsbad Technology: Some Remands to State Courts Appealable
Flores-Figueroa v. United States: Aggravated Identity Theft

Crawford & Retaliation under Title VII
FCC's Policy Change on "Fleeting Expletives" is Neither "Arbitrary Nor Capricious" 

linkLine & 21st Century Application of the "Price Squeeze" Theory

Wyeth v Levine, Preemption & Adequacy of Prescription Warning Lable

Vaden & Federal Jurisdiction Under the FAA 

The Ex-Spouse Kennedy & ERISA Rights
Winter: Clarification of Injunction Standards 

Altria v Good: Light Cigarettes & Pre-emption
Appellate Courts
PBGC v Oneida: Termination Premiums Not Dischargeable in Bankruptcy  
Monolithic & Court Appointed Experts 
Gallus: 8th Circuit Applies Gartenberg Factors to Adviser Fees
Solis v Summit: OSHA's General Contractor Liability

Golden Gate & San Francisco's "Pay or Play" Ordinance
Deere, ERISA & Plan Fees

JP Morgan Chase, Enron & Lack of Scienter

Madden, SLUSA & "The Delaware Carve-Out" 

Glazer: Liability for Reps & Warranties in Merger Agreement; "Collective Scienter"

Williams, The Tenth Circuit & Proving Loss Causation

Ionia, Compliance & Corporate Criminal Liability
Securities Litigation

Omnicare & Gun-Jumping

Citigroup Prevails in Delaware Subprime Shareholder Action 

Roth v AON: Attorney Client Privilege & Draft SEC Filings
Realogy: Exchange of Unsecured for Secured Notes

JP Morgan Chase, Enron & Lack of Scienter
Lyondell, Revlon & The Duty of Good Faith
Madden, SLUSA & "The Delaware Carve-Out" 

Glazer: Liability for Reps & Warranties in Merger Agreement; "Collective Scienter"

UnitedHealth, Indentures/TIA & SEC Reporting

Loral & Interested Party Transactions

Williams, The Tenth Circuit & Proving Loss Causation
Hexion v Huntsman: Material Adverse Effect

Blackstone v ADS: You Get What You Bargain For

Eshelman, Title VII & Increased Tax Liability
Class Action
Dukes v Wal-Mart: 9th Circuit Certifies Discrimination Class Action
Class Action: In re Tobacco II Cases & California's Prop 64

Altria v Good: Light Cigarettes & Pre-emption

Hydrogen Peroxide: Class Certification & Antitrust

Madden, SLUSA & "The Delaware Carve-Out" 

Meyer v Sprint: Actual Damages Required Under CLRA

American Express & Class Action Waivers Under the FAA  
Arbitration & ADR
Defense Appropriations Act Limits Arbitration of Employment Claims
2nd Circuit, Arbitration & Pre-Hearing Disclosure
Vaden & Federal Jurisdiction Under the FAA

American Express & Class Action Waivers Under the FAA 
Practice
No Loafing: Gucci America & Perils of Inactive Bar Membership
IRS v Deloitte & Attorney Work Product Protection
Judge Schiendlin Revisits Watershed E-discovery Case Zubulake
DOJ Guidance on Criminal Discovery
Costco: California Supreme Court Defends Attorney-Client Privilege
Dahl v Bain Provides Guidance on E-Discovery
California's Electronic Discovery Act 
Mancia's Guidance on Limiting E-Discovery
Broadcom & Dual Representations
Monolithic & Court Appointed Experts
Micron, Arista & Spoliation of Evidence
Federal Rule of Evidence 502
Filip Guidelines & Attorney-Client Privilege

Textron & The Work Product Doctrine

AOL, Forum Selection & The Meaning of "Of"

Jurinko's 1:1 Ratio on Punitive Damages