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Seventh Circuit Rejects the “Reasonable Indication” Approach For Class Member Opt-Outs

USA - March 17 2021 Recently, in the Matter of Navistar MaxxForce Engines Mktg., Sales Practices, & Prod. Liab. Litig. (“Navistar”), the Seventh Circuit Court of Appeals…

Bethany Gayle Lukitsch, Diane Flannery, R. Trent Taylor, Frank Talbott V

Supreme Court Opens Door for Nominal Damages to Satisfy Article III Standing Requirement

USA - March 15 2021 In Uzuegbnam v. Preczewski, the Supreme Court held that the award of nominal damages is sufficient to redress a past injury, satisfying Article III’s…

Bethany Gayle Lukitsch, Diane Flannery, R. Trent Taylor, Frank Talbott V

Firearms Manufacturers Shoot Down Class Action With Article III Defense

USA - February 10 2021 Since the Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins, Article III standing has continued to be a major focus in federal courts…

Bethany Gayle Lukitsch, Diane Flannery, R. Trent Taylor, Frank Talbott V

Eleventh Circuit deepens circuit split on administrative feasibility

USA - February 5 2021 Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a…

Bethany Gayle Lukitsch, Diane Flannery, R. Trent Taylor, Frank Talbott V

Sixth Circuit Widens Circuit Split On Class Action Incentive Payments

USA - January 15 2021 On September 18, 2020, we wrote an article discussing how the United States Court of Appeals for the Eleventh Circuit in Johnson v. NPAS Solutions…

Bethany Gayle Lukitsch, Diane Flannery, R. Trent Taylor