The Supreme Court has granted cert in an important case raising the issue whether a federal court of appeals has jurisdiction under both Article III a
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Class Certification Denied on Ascertainability Grounds
By Sean Wajert on
A federal court in New Jersey last week rejected a class certification effort by plaintiffs complaining about the marketing of Skinnygirl Margaritas. …
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Court of Appeals Breathes New Life Into Class Action Prerequisite
By Sean Wajert on
The Seventh Circuit last week affirmed the trial court’s decision not to certify a class of consumers making product liability claims against the make…
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Federal Court Denies Class Certification in Vitamin Consumer Case
By Sean Wajert on
A federal court late last month declined to certify a proposed class action in which plaintiffs challenged alleged claims about the weight-loss proper…
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Supreme Court Declines To End Multiple Class Action Mischief
By Sean Wajert on
The second of our Supreme Court trilogy for the week. The Court ruled last week in Smith v. Bayer Corp., No. 09-1205, that a federal district court wa…
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Dukes v. Wal-Mart: What It May Mean for Mass Torts
By Sean Wajert on
Posted in Articles, Class Action
Three new Supreme Court decisions to comment on this week. Let’s take one at a time and start with Dukes v. Wal-Mart, 564 U.S. __ (2011). The U.S. Sup…
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Proposed Class Rep Not Adequate: Got Your Dates Straight?
By Sean Wajert on
A federal court in New Jersey last week joined the small but growing trend (call it a simmer not a boil) of courts putting some real meaning into the …
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Class Certification Denied in YAZ MDL
By Sean Wajert on
The federal judge managing the multidistrict litigation over the birth control pill Yaz last week declined to certify a proposed national class of use…
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Court of Appeals Vacates Class Certification in Toxic Tort Case
By Sean Wajert on
The Fifth Circuit has vacated the decision of the trial court in granting class status to a group of plaintiffs alleging that a refinery exposed them …
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Supreme Court Hears Oral Argument in Class Action Preclusion Case
By Sean Wajert on
This week, we are going to explore some of the more interesting cases pending before the Supreme Court. In Smith v. Bayer Corp., No. 09-1205 (U.S., or…
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