Yesterday, in In re Modafinil Antitrust Litig., 3d Cir. No. 15-3475 the Third Circuit provided a framework for analyzing the oft-overlooked numerosity requirement of Rule 23(a)(1).
Sixth Circuit Vacates Class Settlement, Finding That Sealed Documents Prevented Objectors from Assessing Settlement’s Fairness
This summer, the Sixth Circuit rejected class action litigants’ filing of the bulk of their class settlement documents under seal.
Virtus Investment Partners Asks the Court to Certify for Interlocutory Appeal Its Decision On Loss Causation Concerning Mutual Fund Disclosures
Although this blog is focused typically on opportunities for institutional investors to recover losses as class members or plaintiffs, we think this decision in Youngers v. Virtus Investment Partners, Inc., may also be of interest.
Second Circuit Reluctantly Maintains Status Quo On Class Waiver Provisions, but Hints at Future Change in Law
On September 2, the Second Circuit Court of Appeals issued its decision in Patterson v. Raymour’s Furniture Co., the most recent case in what has become an all-out war between employers and the NLRB over the use of class-waiver provisions in arbitration agreements.
Both the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act stay actions and remedies as against debtors. However, creditors may apply to lift the stay to pursue a proposed class action.
Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver – Five Points California Employers Should Understand
Recently, the Ninth Circuit Court of Appeals issued an opinion in Morris v. Ernst & Young holding that class action waiver in an arbitration agreement were unenforceable because the class action waiver was contrary to the rights provided to employees under the National Labor Relations Act.
California Supreme Court Approves Attorney Fee Awards Calculated Based Upon Percentage of Class Action Common Fund
In Laffitte v. Robert Half International Inc., No. S222996 (Aug. 11, 2016), the California Supreme Court held, in an employment class action lawsuit, that when attorney fees are awarded to class counsel from a common fund, that the award is not per se unreasonable because it is calculated as a percentage of the common fund, as opposed to pursuant to a loadstar calculation.
On September 2, 2016, New Jersey Superior Court Judge Nelson Johnson issued an Order and Opinion barring Plaintiffs’ experts in the ongoing litigation involving claims against Johnson & Johnson, alleging ovarian cancer caused by the drug maker’s talc products.