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Cy pres award in baby products litigation settlement fails court scrutiny
- Shook Hardy & Bacon LLP
- -
- USA
- -
- February 28 2013
In a matter of first impression, the Third Circuit Court of Appeals has considered whether cy pres awards included in the settlement of class claims
Second Circuit’s TwIqbal pushback remains intact
- Shook Hardy & Bacon LLP
- -
- USA
- -
- January 17 2013
"The justices may, of course, decide later on to revisit circuit court interpretations of Twiqbal, but for now the cert. denial is undoubtedly good
U.S. Supreme Court grants cert. to consider class certification question
- Shook Hardy & Bacon LLP
- -
- USA
- -
- June 28 2012
In the context of antitrust claims involving a cable service provider, the U.S. Supreme Court has decided to review “whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.”
Seventh Circuit clarifies class certification standards on Daubert challenges to expert testimony and predominance requirement
- Shook Hardy & Bacon LLP
- -
- USA
- -
- January 26 2012
In the context of antitrust litigation, the Seventh Circuit Court of Appeals has determined that courts must subject expert testimony critical to a class certification ruling to a Daubert analysis if the testimony is challenged and that requiring common answers to common questions imposes a degree of uniformity not demanded by Rule 23(b)(3)’s predominance inquiry
Third Circuit rejects rule that each class member must have viable claim
- Shook Hardy & Bacon LLP
- -
- USA
- -
- January 12 2012
A divided en banc Third Circuit Court of Appeals has upheld an order certifying two nationwide settlement classes, and, so ruling, held that the predominance inquiry for certification of a settlement class under Federal Rule of Civil Procedure 23 does not require uniformity in state law claims or that each class member possess a viable claim or “some colorable legal claim.”
Fifth Circuit says state unclaimed funds act trumps federal class settlement rules
- Shook Hardy & Bacon LLP
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- USA
- -
- July 7 2011
The Fifth Circuit Court of Appeals has determined that the unclaimed funds of Texas residents from an antitrust settlement reached in 1999 must be placed in the custody of the state under an unclaimed property statute and that a federal court could not distribute the funds under the cy pres doctrine
State AG lawsuits against LCD panel manufacturers belong in state court under CAFA
- Shook Hardy & Bacon LLP
- -
- USA
- -
- March 3 2011
A federal multidistrict litigation (MDL) court in California has determined that lawsuits brought by state attorneys general cannot be removed to federal court under the Class Action Fairness Act (CAFA
Seventh Circuit allows appeal to examine sufficiency of pleadings under Twombly
- Shook Hardy & Bacon LLP
- -
- USA
- -
- February 3 2011
The Seventh Circuit Court of Appeals has further refined its approach to the appealability of lower court determinations as to the sufficiency of the pleadings under the U.S. Supreme Court’s new plausibility pleading standards in a case alleging a conspiracy to fix the prices of text messaging services in violation of federal antitrust law
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- Workarea - Litigation
- Workarea - Competition
- Author - Greg Fowler