Third Circuit Steps Back from the Brink of a Circuit Split Over “Ascertainability”

By | Ad Law Access | August 17, 2017
Yesterday, a panel of the Third Circuit Court of Appeals took another step back from a circuit split over the extent to which aspiring class plaintiffs must show a “reliable and administratively feasible means of determining whether putative class members fall within the class definition,” and one judge called for scrapping that requirement altogether. View Full Post
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Minnesota Federal Judge Says Glyphosate Claims Are “Unreasonable”

By | Ad Law Access | July 14, 2017
A mini-trend in food litigation last year was the spate of class action cases alleging that foods advertised as “natural” contained trace amounts of the herbicide glyphosate.  “Trace” is the operative word; to the extent plaintiffs alleged the amounts they found, those amounts always were far below even what the U.S. View Full Post
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Understanding “Ascertainability” in Class Actions Now That the Second Circuit Has Said “No” to It.

By | Ad Law Access | July 11, 2017
On Friday, the Second Circuit Court of Appeals’ decision in In re Petrobras Securities refused to adopt what it called a “’heightened’ two-part ascertainability test in class action cases.  The Second Circuit agreed that class action plaintiffs must show that ‘the class is defined with reference to objective criteria,’ but did not agree that plaintiffs also must put forward “a ‘reliable and administratively feasible mechanism for determining whether putative class members fall within the class definition.’”  The Third Circuit ostensibly has required both showings in class action cases, but the Second Circuit decided to “join a growing consensus that now includes the Sixth, Seventh, Eighth, and Ninth Circuits,” all of which expressly disagreed with their interpretations of the Third Circuit’s holdings. View Full Post
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“Give the Money to One Percenters, Not to Non-Profits,” 11 State Attorneys General Argue

By | Ad Law Access | July 7, 2017
On July 5, bipartisan Attorneys General from 11 states filed an astonishing brief in the Third Circuit Court of Appeals, asking that court to reject the proposed class action settlement in In re Google Inc. Cookie Placement that would give settlement monies to non-profits rather than class members. View Full Post
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