Common and predominating damages: Comcast opinion extends Wal-Mart v. Dukes' standards for class certification but leaves the question of Daubert for another day *

USA - April 2 2013
On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in…

Co-authors: Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, Rodger L. Eckelberry, John B. Lewis.

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Late class settlement claims – to accept or not to accept? *

USA - January 16 2013
Inevitably, there is always at least one late claim form arrival in every class action settlement. This precise issue was highlighted in a recent…

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California district court awaits class certification motion in Wal-Mart *

USA - December 18 2012
On December 10, 2012, the California District Court denied Wal-Mart’s motion for an interlocutory appeal in a putative class action filed in the wake of the Supreme Court’s decision not permitting certification of a nationwide class. 

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Supreme Court denies cert on preclusion issue post decertification in Florida tobacco case…and once again, decertification proves to be a hollow victory *

USA - December 3 2012
Last week, on November 26, 2012, the United States Supreme Court denied cert in one of the thousands of individual cases pending in the aftermath of Engle v.

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Wal-mart sex discrimination plaintiffs get a second bite at a smaller apple *

USA - September 27 2012
Last year, the Supreme Court ruled in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), that five named plaintiffs alleging nationwide sex discrimination class action claims did not satisfy Rule 23(a)’s commonality requirement and could not bring class claims for monetary relief under Rule 23(b)(2).

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