Defense of Mass Tort Claims, Class Actions, and Significant Product-Based Litigation
The 11th Circuit recently ruled that class certification had been improperly granted to owners of front-loading washing machines that allegedly were susceptible to mold build-up. See Brown v. Electrolux Home Prods. Inc., No. 15-11455, 2016 WL 1085517 (11th Cir. 3/21/16).
Across the country, consumers have filed class actions against the manufacturers of front-loading washing machines.…
Defendant Google has filed a powerful cert petition, asking the U.S. Supreme Court to review a controversial Ninth Circuit decision reviving a putative class action. See Pulaski & Middleman LLC, et al. v. Google Inc., No. 15-1101 (U.S. petition filed 3/1/16).
This case presents the issue whether plaintiffs may use a formula that relies on…
A federal court in Massachusetts federal court recently denied class certification to consumers who claimed their wood-plastic composite decks were de…
Continue Reading Federal Court Rejects Class Action on 23(a) Grounds
The Eighth Circuit recently reversed class certification in a recent environmental case. See Smith v. ConocoPhillips Pipe Line Co., No. 14-2191 (8th C…
Continue Reading Court of Appeals Rejects Nuisance Class
A Texas federal court recently denied class certification to a group of cell phone customers who alleged they were sold defective models. See Shane Ga…
Continue Reading Court Hangs Up On Cell Phone Class Action
Just an FYI for our loyal readers involved in class action work that the First Circuit is the latest federal appeals court to reject a defendant’s att…
Continue Reading First Circuit Rejects Use of Rule 68 Offer to Moot Class
Class certification was denied — again — in litigation brought by plaintiffs who allege a drug maker misstated the likelihood of withdrawal symptoms…
Continue Reading Drug Class Action Rejected Again
We have posted before about the important doctrine of ascertainability, implicit in Rule 23’s requirements. And last year we posted about a federal co…
Continue Reading Class Rejected Again Under Ascertainability Doctrine
The U.S. Chamber of Commerce recently weighed in with an amicus brief in an interesting class action appeal in the Ninth Circuit. See Brazil v. Dole P…
Continue Reading Amicus Brief Applies Comcast in Ninth Circuit Appeal
A Pennsylvania federal court recently refused to certify a proposed class action accusing a drugmaker of off-label marketing. See In re: Actiq Sales a…
Continue Reading Federal Court Rejects Off-Label Marketing Class Action
