More on Class Mediation
For the ABA's 18th Annual National Institute on Class Actions held last month in Chicago, I published a paper on class mediation that expands on a blog post I published earlier this year. If you'd...
View ArticleAll's Not Well that Ends Well: The Real Lessons of Whirlpool.
In early 2001, I was asked to argue in opposition to a class certification motion in federal court on behalf of the prominent owner of an automobile distributorship. The case was brought on behalf of...
View ArticleSupreme Court Clarifies Defendants’ Evidentiary Burden at Removal Stage as to...
The United States Supreme Court held this week in Dart Cherokee Basin Operating Co., LLCv Owens that defendants removing cases from state to federal court, including class action defendants removing...
View ArticleIn re Nexium: The heartburn drug case that may cause heartburn.
In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of consumers...
View ArticleIn re Nexium Antitrust Litigation – A Mixed Prescription
As my colleague Don Frederico noted in his January 24thpost, a divided First Circuit panel recently affirmed the district court’s class certification decision in In re Nexium Antitrust Litigation. In...
View ArticleThe effect of the Nexium decision on product defect class actions
The First Circuit’s split decision last week affirming class certification in the Nexium antitrust case is sure to receive much attention in product defect class actions. Over the last several years,...
View ArticleTo Remove or Not To Remove?
When the Class Action Fairness Act was passed ten years ago, many businesses breathed a collective sigh of relief. No longer would the plaintiffs' bar be able to keep their cases in certain magnet...
View ArticleTo Remove or Not to Remove in Massachusetts?
I am frequently asked whether a company sued in a putative class action in Massachusetts state court would be better off in federal court. Despite the common perception that class action defendants in...
View ArticleOMNICARE: Supreme Court Clarifies Whether Statements of Opinion by Companies...
This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the...
View ArticleA Byrd in the Hand
Recently, I had the privilege of moderating a panel in Boston discussing hot topics in class actions. We had a terrific group of panelists, including three (besides myself) who represent defendants in...
View ArticleMore on Class Mediation
For the ABA's 18th Annual National Institute on Class Actions held last month in Chicago, I published a paper on class mediation that expands on a blog post I published earlier this year. If you'd...
View ArticleAll's Not Well that Ends Well: The Real Lessons of Whirlpool.
In early 2001, I was asked to argue in opposition to a class certification motion in federal court on behalf of the prominent owner of an automobile distributorship. The case was brought on behalf of...
View ArticleSupreme Court Clarifies Defendants’ Evidentiary Burden at Removal Stage as to...
The United States Supreme Court held this week in Dart Cherokee Basin Operating Co., LLCv Owens that defendants removing cases from state to federal court, including class action defendants removing...
View ArticleIn re Nexium: The heartburn drug case that may cause heartburn.
In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of consumers...
View ArticleIn re Nexium Antitrust Litigation – A Mixed Prescription
As my colleague Don Frederico noted in his January 24thpost, a divided First Circuit panel recently affirmed the district court’s class certification decision in In re Nexium Antitrust Litigation. In...
View ArticleThe effect of the Nexium decision on product defect class actions
The First Circuit’s split decision last week affirming class certification in the Nexium antitrust case is sure to receive much attention in product defect class actions. Over the last several years,...
View ArticleTo Remove or Not To Remove?
When the Class Action Fairness Act was passed ten years ago, many businesses breathed a collective sigh of relief. No longer would the plaintiffs' bar be able to keep their cases in certain magnet...
View ArticleTo Remove or Not to Remove in Massachusetts?
I am frequently asked whether a company sued in a putative class action in Massachusetts state court would be better off in federal court. Despite the common perception that class action defendants in...
View ArticleOMNICARE: Supreme Court Clarifies Whether Statements of Opinion by Companies...
This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the...
View ArticleA Byrd in the Hand
Recently, I had the privilege of moderating a panel in Boston discussing hot topics in class actions. We had a terrific group of panelists, including three (besides myself) who represent defendants in...
View Article