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Communicating with Putative Class Members Prior to Class Certification: Important Reminders (or New Lessons) for Federal Court Practice

USA - December 21 2017 Many class actions are won or lost at the class certification stage. Because FRCP 23(c) requires a district court to determine whether a class action...

Richard J. Keshian.


Filing an early motion to strike class allegations

USA - August 23 2017 A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to...

Richard J. Keshian.


The Seventh Circuit forecloses one “pick off” method under Rule 67, but leaves a trail of crumbs for both the plaintiffs’ and defense bar

USA - June 30 2017 The U.S. Supreme Court ruled in January 2016 in Campbell-Ewald Co. v. Gomez that an unaccepted Rule 68 offer of judgment has no legal effect and...


Tatum v. R.J. Reynolds Tobacco Co., et al.: real implications for ERISA’s “hypothetical prudent fiduciary” standard

USA - April 8 2013 On February 25, 2013, the U.S. District Court for the Middle District of North Carolina issued an opinion and final judgment ruling in favor of...

Adam H. Charnes, Daniel R. Taylor Jr., Tonya R. Deem.