The Second Circuit recently affirmed a trial court decision dismissing a proposed class action challenging the marketing of certain cosmetic products.
Continue Reading Class Complaint Dismissed WITH Prejudice
Federal Rules of Civil Procedure
Committee Approves Amendments to Civil Rules
By Sean Wajert on
Posted in Articles
Earlier this month, the Federal Courts’ Committee on Rules of Practice and Procedure approved for publication a package of proposals that would, if en…
Continue Reading Committee Approves Amendments to Civil Rules
Court of Appeals Affirms Dismissal of FEMA Trailer Claims
By Sean Wajert on
The Fifth Circuit recently upheld the dismissal of putative class actions filed by Mississippi and Alabama residents against the federal government al…
Continue Reading Court of Appeals Affirms Dismissal of FEMA Trailer Claims
Bills to Curb Frivolous Suits Introduced in Congress
By Sean Wajert on
Posted in Articles
With the Republicans in control of the House, many were wondering about the prospects for tort reform at the federal level. Indeed, President Barack O…
Continue Reading Bills to Curb Frivolous Suits Introduced in Congress
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…
Continue Reading Supreme Court Hears Oral Argument in Class Action Preclusion Case
Amended Federal Rules Take Effect
By Sean Wajert on
Posted in Articles
Readers will recall from our previous posts that amendments to the Federal Rules of Civil Procedure were in the works for some time. They finally took…
Continue Reading Amended Federal Rules Take Effect
Oil Spill MDL May Appoint Special Master
By Sean Wajert on
The judge overseeing the Gulf oil spill MDL has given notice of its intent to appoint Duke Law Professor Francis McGovern, as a special master to help…
Continue Reading Oil Spill MDL May Appoint Special Master
Duke Hosts Conference on Civil Rules
By Sean Wajert on
Posted in Articles
At the request of the Standing Committee on Rules of Practice and Procedure, the Advisory Committee on Civil Rules sponsored a conference last week at…
Continue Reading Duke Hosts Conference on Civil Rules
Supreme Court Approves Proposed Amendments to Rule 26
By Sean Wajert on
Posted in Articles
Last week, the Supreme Court approved the proposed amendments to Federal Rules of Civil Procedure 8, 26, and 56, and Illustrative Form 52, and transmi…
Continue Reading Supreme Court Approves Proposed Amendments to Rule 26
Supreme Court Decides Class Action Erie Question- But Did They Answer the Question?
By Sean Wajert on
Posted in Articles, Class Action
The U.S. Supreme Court last week ruled that certain state laws barring class actions cannot be utilized to dismiss such class actions in federal court…
Continue Reading Supreme Court Decides Class Action Erie Question- But Did They Answer the Question?