Class Action

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

Jones Day
March 5, 2010

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California Court of Appeal, Post-Tobacco II, Reaffirms Its Prior Ruling that a Class of All Purchasers of Listerine in California is Overbroad and that Class Certification Order Must be Vacated

Kaye Scholer
March 2, 2010

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Consumers File Class Action Lawsuit Against Blimpie for Claim That Its Sandwiches Contained Double Portions of Meat

Winston & Strawn
March 1, 2010

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Federal District Court in West Virginia Approves Arbitration Agreement with Class Action Waiver [Wince v. Easterbrooke Cellular]

Ballard Spahr
February 19, 2010

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California Class Action Lawyers Must Help Class Members Enforce Judgment

Hinshaw
February 16, 2010

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Another Dismissal of an ERISA Class Action Arising From the Financial Crisis [In re Lehman Brothers ERISA Litigation]

Shearman & Sterling
February 16, 2010

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Once jurisdiction, always jurisdiction: Seventh Circuit weighs in on CAFA issue [Cunningham Charter Corporation v. Learjet]

Nixon Peabody
February 8, 2010

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Seventh Circuit Sides with Eleventh Circuit, Rules that Federal Jurisdiction Under the Class Action Fairness Act Is Not Dependent on Class Certification [Cunningham Charter Corp. v. Learjet, Inc]

Mayer Brown
February 11, 2010

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Settlement of Individual Claims Did Not Moot Class Representative’s Appeal in Class Action [Narouz v. Charter Communications, LLC]

Pillsbury
February 10, 2010

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Recent Decisions Find in Favor of Insurance Coverage for "Blast Faxing"

Kelley Drye
February 9, 2010

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Litigation Over the Reduction of Home Equity Lines of Credit: Hickman and Beyond

Locke Lord Bissell & Liddell
February 1, 2010

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7th Circuit Says CAFA Removal Is a One-Way Street [Cunningham Charter Corp. v. Learjet Inc]

Foley & Lardner
January 26, 2010

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Seventh Circuit: CAFA Jurisdiction Remains After Class Certification Is Denied [Cunningham Charter Corp. v. Learjet, Inc]

Sutherland
January 25, 2010

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Fourth Circuit: LLCs Are “Unincorporated Associations” for Purposes of CAFA Removal [Ferrell]

Alston + Bird
January 20, 2010

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Litigation After A Data Breach: The Heartland Experience

Day Pitney
January 20, 2010

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Tufts Study May Spark New Wave of Litigation Related to Food Industry Underreporting of Caloric Content

Morrison & Foerster
January 13, 2010

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California Court of Appeal Confirms Limits on Role of Objectors to Class Settlements—And Warns That an Extraordinary Writ Petition May Provide the Only Practical Avenue for Appellate Review of Some Interlocutory Orders

Mayer Brown
January 8, 2010

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US Class Actions with Non-US Citizens as Class Members: Fairness Issues Considered

Katten
Published in Business Law International
January 2010

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True to Their Word: State Attorneys General Move to Block Another Class Action “Coupon Settlement” [True v. American Honda Motor Co.]

Debevoise & Plimpton
January 4, 2010

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Recent Trends In Health Care Wage And Hour Actions

Kilpatrick Stockton
From Law360
December 23, 2009

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Judge Weinstein Grants Summary Judgment on Majority of Claims Brought by Mississippi AG Against Eli Lilly in Zyprexa Litigation

Skadden
December 23, 2009

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The Nation's New Lawsuit Capital?

Mayer Brown
From Mealey's Litigation Report Class Action
December 15, 2009


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Antitrust Class Actions: More Rigor, Fewer Shortcuts

WilmerHale
From Class Action Report
December 10, 2009

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Removing the "Fail-Safe" Class Action Under CAFA

Mayer Brown
November 23, 2009

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Haddock Update – Class Certification Granted [under Rule 23(b)(2)]

Sutherland
November 16, 2009

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California Appellate Court Upholds Order Denying Class Certification, Primarily Relying on Individualized Nature of Damages Inquiry [Evans v. Lasco Bathware, Inc]

Mayer Brown
November 13, 2009

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New Spate of Class Actions Seeks to Penalize California Employers Who Do Not Provide Adequate Seating for Employees

Jones Day
November 10, 2009

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Decision Denying Class Certification has Significant Implications for Accounting Industry

Seyfarth Shaw
November 9, 2009

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Class Actions in Europe: Reality or Myth?

Jones Day
October 2009

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Donovan v. Philip Morris USA, Inc.: Massachusetts Supreme Judicial Court recognizes “medical monitoring” claims in limited circumstances

Nixon Peabody
October 23, 200
9

Please see our Hot Topics for more on this subject.

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Courts Deciding Class Certification Must Resolve “Dueling” Expert Testimony

Jones Day
October 2009

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Facebook Settles Privacy Lawsuit for $9.5 Million

Winston & Strawn
October 21, 2009

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Chinese Drywall Concerns Expand with CPSC Complaints, Class Action Litigation

Ballard Spahr
October 7, 2009

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Asbestos litigation in France

Lovells
October 6, 2009

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Removal Under CAFA:  The Emerging Judicial Split Over Whether A Defendant May Rely On Its Own Documents To Establish That The Amount In Controversy Exceeds The $5 Million Statutory Threshold

Jenner & Block
From Mealey’s Litigation Report: Class Actions
October 2, 2009

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Employers under attack: the threat of employee misclassification in the financial services industry

Nixon Peabody
October 6, 2009

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Employment Class Actions By the Government Are Coming Back  

Patton Boggs
October 2009

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Is Europe Ready for Class Actions?

Chadbourne & Parke
From Product Liability Law & Strategy
October 1, 2009

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The “Local Controversy” Exception to the Class Action Fairness Act — Preston, Kaufman and Coffey

Latham & Watkins
September 22, 2009

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Combining ’33 and ’34 Securities Act Plaintiffs in the Same Class

Jenner & Block
From Law.com
September 8, 2009

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Vinole v. Countrywide Home Loans: preemptively denying class certification

DLA Piper
September 9, 2009

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Class Counsel Do Not Automatically Owe a Heightened Duty to Less Capable Class Members [Martorana v. Marlin & Saltzman]

Hinshaw
September 8, 2009

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Developments in class actions and third party funding of litigation: maturing themes across Europe?

Freshfields
September 7, 2009

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Financial Institution Hit with Potentially Broad “Class” Action for Pay Practices [Sexton v. Franklin First Financial Ltd]

Bass Berry & Sims
September 3, 2009


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Ninth Circuit Overturns Denial of Class Certification in Action Involving Sale of Annuities to Senior Citizens; Orders Class Certified  [Yokoyama v. Midland Nat’l. Life]

Sutherland
September 1, 2009


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Ninth Circuit Refuses to Recognize an “Integrity of the Market” Theory for Rule 10b-5 Class Actions [Desai v. Deutsche Bank]

Nixon Peabody
August 20, 2009

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Daubert: An Arrow in the Class Certification Opposition Quiver

Weil Gotshal
From Bloomberg Law Reports
August 2009

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Second Circuit Issues Ruling With Major Implications On Scope of Securities Class Actions [In re Flag Telecom Holdings]

Willkie Farr & Gallagher
August 13, 2009

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New Class Action Targets Balance Billing by ER Physicians Prior to California Court's Ban [Prospect Medical Group v. Northridge Emergency Medical Group]

Pillsbury
August 13, 2009


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New Class Actions Targeting ATM Operators Alleging Failure to Comply with ATM Notice Requirements

Jones Day
August  2009

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Hot Topics: Litigation

Supreme Court
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  
Merck & Statute of Limitations in Federal Securities Fraud Cases
Bilski- Patentability of Business Methods
Graham County & False Claims Act's "Public Disclosure" Bar
Ricci v DeStefano & Reverse Discrimination 
Cuomo v Clearing House & OCC
Preview of  Stolt-Nielson & Class Arbitration under FAA
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
Constitutional Challenge to PCAOB (and S-Ox)
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
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
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