Tenth Circuit: Motion for Reconsideration Restarts 14-Day Clock for Filing...
Lest there was any uncertainty on the topic, in Gelder v. Coxcom Inc. (pdf), the Tenth Circuit has now made clear that when a party moves for reconsideration of an order granting or denying class...
View ArticleClik here to view.
Court Strikes Class Allegations in TCPA Case
The recent decision in Cholly v. Uptain Group, No. 15 C 5030, 2017 WL 449176 (N.D. Ill. Feb. 1, 2017), drives home the point—as we’ve discussed on the blog before—that sometimes the pleadings alone...
View ArticleClik here to view.
Supreme Court Hears Arguments In Microsoft v. Baker To Address When A Named...
Earlier today, the Supreme Court heard oral argument (pdf) in Microsoft Corp. v. Baker, a case that raises complicated questions about federal appellate jurisdiction and Article III standing, but...
View ArticleClik here to view.
Supreme Court Will Review Whether Rule 23(f) Deadline To Appeal From Class...
Over the past few years, the Supreme Court has heard several cases involving class action procedure, including China Agritech, Inc. v. Resh; CalPERS v. ANZ Securities, Inc.; and Microsoft Corp. v....
View ArticleClik here to view.
December 2018 amendments to Rule 23 are now in effect
On December 1, 2018, the amendments to the Federal Rule of Civil Procedure 23 took effect. These amendments primarily alter rules governing federal class action notice, settlement, and appeal. The...
View ArticleIs The Second Circuit Placing A Thumb On The Scale When It Reviews Orders...
One oddity of the law in the Second Circuit is the unbalanced standard of review that the court sometimes applies to class certification decisions. On a dozen or so occasions over the last twenty...
View ArticleEighth Circuit Holds that a Plaintiff who Settles Individual Claims Lacks...
Here’s a common scenario: After unsuccessfully moving for class certification and having a petition for review under Federal Rule of Civil Procedure 23(f) rebuffed, the plaintiff wants to take another...
View ArticleD.C. Circuit Overturns Certification of Antitrust Class Action and Requires...
Class-action lawyers on both sides of the “v.” have been debating the impact of the Supreme Court’s decision earlier this year in Comcast Corp. v. Behrend. Last week, the D.C. Circuit delivered its...
View ArticleThird Circuit Rulings Give Teeth to Ascertainability Requirement for Class...
The “ascertainability” requirement for class certification is a crucial safeguard for both defendants and absent class members. There is some debate about its origin: some courts have held that it is...
View ArticleDid The Ninth Circuit Just Give Plaintiffs—But Not Defendants—An Automatic...
[Editors’ note: Today we’re featuring a guest post by Tim Fielden, who is in-house counsel at Microsoft. His post spotlights an emerging—and important—issue in class-action litigation.] In two recent...
View Article
