2010 Winston & Strawn LLP
|
|
- Georgia Watkins
- 5 years ago
- Views:
Transcription
1
2 Class Action Litigation: The Facts Really Do Matter Brought to you by Winston & Strawn LLP s Litigation Practice Group
3 Today s elunch Presenters Stephen Smerek Litigation Los Angeles SSmerek@winston.com Mark L. Smith Litigation Los Angeles MarSmith@winston.com 3
4 Overview TheFacts Really Do Matter Class Action Basics Certification Standards Rigorous Analysis of the Facts Use of Ti Trial lplans Class Certification & Expert Testimony The Dukes Decision Litigation Strategies 4
5 The Facts Really Do Matter The four categories of class actions Not much, if any, merit to the case, and class unlikely to be certified Not much, if any, merit to the case, but substantial risk that class will be certified Claims have some merit, but class unlikely to be certified Claims have some merit, and substantial risk that class will be certified Early investigation of facts and analysis of case essential to chart effective litigation strategy 5
6 Class Action Basics Class Action Prerequisites FRCP 23(a): Numerosity Commonality Typicality Adequacy Types of Class Actions FRCP 23(b): (b)(1) Incompatible Standards/Unitary Decisions (b)(2) Injunctive Relief Class Actions (b)(3) Damages Class Actions 6
7 Class Action Basics: 23(b)(2) Class 23(b)(2) class may be maintained where defendant has acted in a way that applies generally to the class, so that final injunctive relief or declaratory relief is appropriate for the class as a whole Requires action, or refusal to act, generally applicable to all class members Applies where lawsuit principally seeks injunctive or declaratory relief Class may seek money damages incidental to injunctive or declaratory relief 7
8 Class Action Basics: 23(b)(3) Classes 23(b)(3) class may be maintained where the court finds that the questions of law or fact common to class members predominate over individual issues, and that a class action is superior to other available methods for adjudicating the controversy Principal class action vehicle for obtaining money damages Furthest deviation from equitable origins of representative litigation and most uniquely American class action litigation 8
9 Class Action Basics: Oft Litigated Issues 23(b)(2) ) classes Can money damages be awarded in 23(b)(2) class? Majority view only if damages are incidental and injunctive relief is appropriate for the class as a whole 23(b)(3) classes Common Questions vs. Predominance Choice of Law Questions Majority view variations in state law defeat certification Minority view resolving choice of law issues at class certification is unnecessary, defendant s home state law can be applied Use of legal presumptions to avoid individual issues (presumption ofreliance to avoid individualized inquiries in fraudcases) 9
10 Certification Standards: Review of Merits Preliminary determination regarding glikely merits not appropriate, Eisen v. Carlisle and Jacquelin, 417 U.S. 156 (1974) District courts should not conducta preliminary inquiry into the merits But class certification is more than a mere procedural hurdle, General Telephone Co. of the Southwest v. Falcon, 457 U.S. 147 (1982) Rule 23 requires rigorous analysis of requirements for class certification Rigorous analysis required even where class certification is enmeshed in the factual and legal issues comprising the plaintiff s litiff cause of action 10
11 Certification Standards: 2003 Amendments Timing 2003 Amendments to Rule 23 modify language to require certification as soon as practicable after the commencement of the action Local Rules, like C.D. Cal., dictate early deadlines Conditional certification eliminated Amendments also make clear that courts may only certify class if all Rule 23 requirements are met; no conditional certifications Trial plan encouraged Advisory Committee note encourages use of trial plans, emphasizing that a critical need is to determine how the case will be tried 11
12 Rigorous Analysis of the Facts Circuits have adopted rigorous analysis from Falcon, but application varies Some showing versus preponderance p of the evidence Consistent standard of review emerging g Class certification orders abuse of discretion Factual findings clearly erroneous Legal rulings de novo 12
13 Use of Trial Plans Given their import to certification of 23(b)(3) class, trial plans are becoming an increasingly important battleground Recent decisions have certified classes based on trial plans that contemplate sample trials to resolve/minimize the impact ofindividualized issues Because trial plans can effectively demonstrate a class action s manageability, particular emphasis must be placed on showing the trial plan is not workable kbl Sample or test cases may give rise to due process concerns that can be exploited to avoid certification 13
14 Class Certification & Expert Testimony Use of expert testimony is becoming increasingly common in many types of class actions to assert and challenge the class action factors Frequently used to demonstrate injury and damages Necessary to prove common issues like common discriminatory impact in (b)(2) cases Some courts suggest expert testimony is necessary to show predominance in (b)(3) cases Can be used to show manageability or lack of manageability Law on the use of experts has developed in two primary areas Whether courts must resolve disputes between experts in their rigorous analysis Competing expert opinions Challenging underlying factual bases of expert opinion with contrary facts Whether experts can be challenged under Daubert and what level of Daubert analysis should be undertaken 14
15 Class Certification & Expert Testimony Battle of Experts at Class Certification Know your case You cannot be prepared to challenge an expert s regression analysis if you do not understand dit Understand potential challenges to validity of statistical and anecdotal evidence Know your court Different courts and judges will examine and weigh expert testimony differently at class certification Press for full Daubert analysis (vs. partial analysis) Press for resolution of competing issues (vs. deferring to plaintiff s expert) 15
16 Expert Testimony The Case Law Blades v. Monsanto Co., 400 F.3d 562 (8th Cir. 2005) Appellants argue on appeal that the district court improperly resolved disputes between the parties experts that go to the merits of the case. We have stated that in ruling on class certification, a court may be required to resolve disputes concerning the factual setting of the case. This extends to the resolution of expert disputes concerning the import of evidence concerning the factual setting such as economic evidence as to business operations or market transactions. 16
17 Expert Testimony The Case Law In re IPO Sec. Litig., 471 F.3d 24 (2d Cir. 2006) disavow the suggestion in Visa Check that an expert s testimony may establish a component of a Rule 23 requirement simply by being not fatally flawed. A district judge is to assess all of the relevant evidence admitted dat the class certification stage and dt determine whether each Rule 23 requirement has been met, just as the judge would resolve a dispute about any other threshold prerequisite for continuing a lawsuit. In re NYSE Specialists Sec. Litig., 260 F.R.D. 55 (S.D.N.Y. 2009) Even after IPO, which requires courts to evaluate all questions of fact that pertain to class certification, even to the extent that such facts overlap with the merits... At this stage, the court may only examine the expert reports as far as they bear on the Rule 23 determination... This Court s Daubert inquiry is limited to whether or not the [expert reports] t] are admissible ibl to establish tblihthe requirements of Rule
18 Expert Testimony The Case Law In re Hydrogen Peroxide Antitrust Litig.,, 52 F.3d 305 (3d Cir. 2009) Expert opinion with respect to class certification, like any matter relevant to a Rule 23 requirement, calls for rigorous analysis. Weighing conflicting expert testimony at the certification stage isnot only permissible; itma may be integral to the rigorous analysis Rule 23 demands. Opinion testimony should not be uncritically accepted as establishing a Rule 23 requirement merely because the court holds the testimony should not be excluded, under Daubert or for any other reason. 18
19 Expert Testimony The Case Law American Honda Motor Co. v. Allen,, 600 F.3d 813 (7th Cir. 2010) [In Prudential, 282 F.3d 935], we held that a plaintiff cannot obtain class certification just by hiring a competent expert. We emphasized, a district judge may not duck hard questions by observing that each side has some support... Tough questions must be faced and squarely decided, if necessary by holding evidentiary i hearings and choosing between competing perspectives. [T]he district court must perform a full Daubert analysis before certifying the class if the situation warrants. Without [expert] testimony, Plaintiffs are left with too little to satisfy Rule 23(b)(3) s predominance prong. 19
20 The Dukes Decision Dukes v. Wal Mart Stores, 603 F.3d 571 (9th Cir. Apr. 26, 2010) Class of 1.5 million individuals encompassing all women employed by Wal Mart at any time after December 26, 1998 Certified class under 23(b)(2) where relief requested included ddeclaratory and injunctive relief, back pay, and punitive damages En banc court affirms certification by 6 5 vote, vacating and remanding punitive damages claim and reducing class to exclude former employees 20
21 The Dukes Decision Rigorous analysis required Commonality Plaintiffs showed common policy of discrimination through statistics and other evidence despite absence of any specific discriminatory policy Wal Mart s policy of decentralized, subjective employment decision making operate[s] to discriminate against female employees Based on anecdotes, statistics, and experts 23(b)(2) class despite request for back pay Predominance not required Notice and opt out unnecessary Court prescribes the use of test cases and extrapolation methodology to resolve amounts due to class members, asserting that there are no due process concerns with this approach 21
22 The Dukes Decision: Who Won? Both sides of the bar are claiming victory Plaintiffs Largest class ever certified All that rigorous ous analysis ayss resulted ed in certificationca Expanded (b)(2) classes to include damages Created decentralized subjectivity as a common question Defendants Rigorous analysis required Reinforced difficulty of getting 23(b)(3) class certified under predominance Expert opinion likely required to certify even under (b)(2) Experts opinions can be challenged, though not as broadly as in other circuits 22
23 The Dukes Decision: The Future Remanded Punitive damages in (b)(2) class? Remanded Management/trial plan Appeal? Wal Mart has already requested extension to file appeal Grounds for appeal Court misapplied Rule 23 standard Court erred in finding that this is a (b)(2) class Consideration of expert testimony without full Daubert analysis Possible circuit split issues Use and challenge of experts Scope of claim for damages under 23(b)(2) class 23
24 Litigation Strategies Know your court. Know your case. Understand if plaintiff is seeking certification under 23(b)(2) or 23(b)(3) Develop and emphasize merits issues that must be resolved in connection with class certification Find ways to demonstrate and exploit weaknesses in plaintiff s case early and often Complete early analysis of potential legal and factual challenges to superiority and predominance for 23(b)(3) classes 24
25 Litigation Strategies: Trial Plans Be prepared with a trial plan that will demonstrate that the class is unmanageable Focus on manageability and due process issues Show how incorrect results could occur with sample cases or litigating too large a class with so many inherent individual issues, particularly in (b)(2) cases Consider whether the use of test cases can be advantageous and be prepared to recommend under Dukes or challenge as a violation of due process as appropriate 25
26 Litigation Strategies: Expert Testimony Given trend toward more rigorous analysis of expert testimony, evaluate use of experts at certification Identify potential issues for expert testimony and secure experts early Be prepared to challenge likely testimony from plaintiff s experts Be prepared to seek full Daubert analysis because not foreclosed by Dukes 26
27 Questions? 27
28 Thank You. 28
29 Contact Information Stephen Smerek Litigation Los Angeles (213) Mark L. Smith Litigation Los Angeles (213)
CLASS ACTIONS AFTER WAL-MART
A DV I S O RY June 2011 CLASS ACTIONS AFTER WAL-MART Contacts The Supreme Court s Wal-Mart decision has received an enormous amount of media attention. This Advisory accordingly does not belabor the basic
More informationWal-Mart Stores, Inc. v. Dukes
Wal-Mart Stores, Inc. v. Dukes June 22, 2011 In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (June 20, 2011), the Supreme Court vacated the certification of the largest class action in history and issued
More informationThe CPI Antitrust Journal August 2010 (1)
The CPI Antitrust Journal August 2010 (1) Dukes v Wal-Mart Stores: En Banc Ninth Circuit Lowers the Bar for Class Certification and Creates Circuit Splits in Approving Largest Class Action Ever Certified
More informationEmployment Discrimination Litigation
Federal Appellate Court Allows Sex Discrimination Class Action Encompassing Up To 1.5 Million Class Members SUMMARY On April 26, 2010, the United States Court of Appeals for the Ninth Circuit (which encompasses
More informationHow Wal-Mart v. Dukes Affects Securities-Fraud Class Actions
How Wal-Mart v. Dukes Affects Securities-Fraud Class Actions By Robert H. Bell and Thomas G. Haskins Jr. July 18, 2012 District courts and circuit courts continue to grapple with the full import of the
More informationThe Role of Experts in Class Certification in U.S. Antitrust Cases. Stacey Anne Mahoney Bingham McCutchen LLP
The Role of Experts in Class Certification in U.S. Antitrust Cases Stacey Anne Mahoney Bingham McCutchen LLP In the United States, whether you represent Plaintiffs or Defendants in antitrust class actions,
More informationSupreme Court of the United States
No. 10-277 IN THE Supreme Court of the United States WAL-MART STORES, INC., Petitioner, v. BETTY DUKES, PATRICIA SURGESON, EDITH ARANA, KAREN WILLIAMSON, DEBORAH GUNTER, CHRISTINE KWAPNOSKI, and CLEO PAGE,
More informationClass Certification in Complex Commercial Litigation
14 Pro Te: Solutio Defeating Class Certification in Complex Commercial Litigation M Most everyone in the business world understands the significance of class certification. If a class is certified, the
More informationWal-Mart Stores, Inc. v. Dukes: The Supreme Court Reins In Expansive Class Actions
July 18, 2011 Practice Group: Mortgage Banking & Consumer Financial Products Wal-Mart Stores, Inc. v. Dukes: The Supreme Court Reins In Expansive Class Actions The United States Supreme Court s decision
More informationExpert Analysis When do money damages predominate in a class action for injunctive relief: Keeping Dukes in perspective
Westlaw Journal Formerly Andrews Litigation Reporter EMPLOYMENT Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 25, ISSUE 5 / OCTOBER 5, 2010 Expert Analysis When do money
More informationNo IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 07-15838 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SHIRLEY RAE ELLIS, LEAH HORSTMAN, AND ELAINE SASAKI, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, v. Plaintiffs-Appellees,
More informationUnited States Court of Appeals
In the United States Court of Appeals For the Seventh Circuit No. 09-8051 AMERICAN HONDA MOTOR COMPANY, INC., et al., v. Petitioners, RICHARD ALLEN, et al., Respondents. Petition for Leave to Appeal from
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the court is Defendants Motion for Class
O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 1 1 1 1 1 1 NICOLAS TORRENT, on behalf of himself and all others similarly situated, v. Plaintiff, THIERRY OLLIVIER, NATIERRA, and BRANDSTROM,
More informationUnited States District Court
Case:-cv-000-RS Document Filed0// Page of 0 0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JESSICA LEE, individually and on behalf of a class of similarly situated individuals,
More informationWal-Mart v. Dukes What s Next for Employment Class/Collective Actions
Wal-Mart v. Dukes What s Next for Employment Class/Collective Actions Grace Speights Michael Burkhardt Paul Evans www.morganlewis.com Wal-Mart Stores, Inc. v. Dukes, --- S. Ct. ---, 2011 WL 2437013 (June
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, v. Civil Action No (JEB) WHOLE FOODS MARKET, INC., MEMORANDUM OPINION
KOTTARAS v. WHOLE FOODS MARKET, INC. Doc. 85 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA EKATERINI KOTTARAS, Plaintiff, v. Civil Action No. 08-1832 (JEB) WHOLE FOODS MARKET, INC., Defendant.
More informationRecent Trends in Class Certification Standards in U.S. Federal Courts
Recent Trends in Class Certification Standards in U.S. Federal Courts Canadian Bar Association 2010 Annual Fall Competition Law Conference September 30, 2010 Jeffrey I. Shinder & Taline Sahakian* Constantine
More informationCase 3:05-cv RBL Document 100 Filed 05/01/2007 Page 1 of 8
Case :0-cv-0-RBL Document 00 Filed 0/0/0 Page of HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 0 GRAYS HARBOR ADVENTIST CHRISTIAN SCHOOL, a Washington
More informationCase 4:17-cv HSG Document 85 Filed 08/22/18 Page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case :-cv-00-hsg Document Filed 0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA VANA FOWLER, Plaintiff, v. WELLS FARGO BANK, N.A., Defendant. Case No. -cv-00-hsg ORDER GRANTING
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. herself and all others similarly situated, ) ) ORDER GRANTING PLAINTIFF S Plaintiff, ) )
Case :-cv-0-l-nls Document Filed 0// Page of 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ASHLEE WHITAKER, on behalf of ) Case No. -cv--l(nls) herself and all others similarly situated,
More informationWal-Mart Stores, Inc. v. Dukes Docket No Argument Date: March 29, 2011 From: The Ninth Circuit
Civil Procedure Attention Female Workers: Will Wal-Mart Roll Back the Largest Employment Discrimination Class Action Ever? CASE AT A GLANCE In the largest and most closely watched employment discrimination
More informationCase: 1:13-cv DCN Doc #: 137 Filed: 03/02/16 1 of 13. PageID #: 12477
Case: 1:13-cv-00437-DCN Doc #: 137 Filed: 03/02/16 1 of 13. PageID #: 12477 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION WALID JAMMAL, et al., ) CASE NO. 1: 13
More informationCase 3:16-cv JST Document 65 Filed 12/07/18 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case :-cv-0-jst Document Filed /0/ Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RICHARD TERRY, Plaintiff, v. HOOVESTOL, INC., Defendant. Case No. -cv-0-jst ORDER GRANTING PRELIMINARY
More information231 F.R.D. 397 United States District Court, C.D. California.
231 F.R.D. 397 United States District Court, C.D. California. S.A. THOMAS and E.L. Gipson Plaintiff, v. Leroy BACA, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina, Zev Yaroslavsky,
More informationUnited States District Court Central District of California
O 1 1 1 1 1 1 1 0 1 NEDA FARAJI, v. United States District Court Central District of California Plaintiff, TARGET CORPORATION; DOES 1 through 0, inclusive, Defendants. Case :1-CV-001-ODW-SP ORDER DENYING
More informationClass War And The Women Of Wal-Mart
Portfolio Media, Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Class War And The Women Of Wal-Mart Law360, New York
More informationWHENEVER THE SUPREME COURT
Antitrust, Vol. 26, No. 1, Fall 2011. 2011 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in
More informationIN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:06-CV-010-N ORDER
Case 3:06-cv-00010 Document 23 Filed 06/15/2007 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., et al.,
More informationThe Changing Landscape in U.S. Antitrust Class Actions
The Changing Landscape in U.S. Antitrust Class Actions By Dean Hansell 1 and William L. Monts III 2 In 1966, prompted by an amendment to the procedural rules applicable to cases in U.S. federal courts,
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the Court is Plaintiff Luis Escalante
O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 1 LUIS ESCALANTE, on behalf of himself and all others similarly situated, v. Plaintiff, CALIFORNIA PHYSICIANS' SERVICE dba BLUE SHIELD OF CALIFORNIA,
More informationComcast Corp. et al. v. Behrend et al. Docket No Argument Date: November 5, 2012 From: The Third Circuit
civil procedure Tightening the Noose on Class Certification Requirements (II): Is Admissible Evidence Required at Class Certification? CASE AT A GLANCE Philadelphia Comcast cable television subscribers
More informationCase 9:15-cv KAM Document 167 Entered on FLSD Docket 10/19/2017 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 9:15-cv-81386-KAM Document 167 Entered on FLSD Docket 10/19/2017 Page 1 of 10 ALEX JACOBS, Plaintiff, vs. QUICKEN LOANS, INC., a Michigan corporation, Defendant. / UNITED STATES DISTRICT COURT SOUTHERN
More informationCase: 4:14-cv ERW Doc. #: 221 Filed: 01/18/17 Page: 1 of 13 PageID #: 3025
Case: 4:14-cv-00069-ERW Doc. #: 221 Filed: 01/18/17 Page: 1 of 13 PageID #: 3025 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION RON GOLAN, et al., ) ) Plaintiff, ) ) v. ) No.
More informationIN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION. ROSALINO PEREZ-BENITES, et al. PLAINTIFFS
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ROSALINO PEREZ-BENITES, et al. PLAINTIFFS VS. CASE NO. 07-CV-1048 CANDY BRAND, LLC, et al. DEFENDANTS MEMORANDUM OPINION
More informationUnited States Court of Appeals For the Eighth Circuit
United States Court of Appeals For the Eighth Circuit No. 14-3178 IBEW Local 98 Pension Fund, et al. lllllllllllllllllllll Plaintiffs - Appellees v. Best Buy Co., Inc., et al. lllllllllllllllllllll Defendants
More informationCase 5:14-cv EGS Document 75 Filed 02/05/16 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA
Case 5:14-cv-03224-EGS Document 75 Filed 02/05/16 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA SHERRY L. BODNAR, on Behalf of herself and All Others Similarly Sitnated, F~LED
More informationCase: 1:10-md JZ Doc #: 323 Filed: 01/23/12 1 of 8. PageID #: 5190 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION
Case: 1:10-md-02196-JZ Doc #: 323 Filed: 01/23/12 1 of 8. PageID #: 5190 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION In re POLYURETHANE FOAM ANTITRUST LITIGATION MDL Docket
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv MOC-DSC
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv-00540-MOC-DSC LUANNA SCOTT, et al., ) ) Plaintiffs, ) ) Vs. ) ORDER ) FAMILY DOLLAR STORES, INC., )
More informationDefeating Rule 23(b)(3)'s Predominance Requirement Using Defenses and Counterclaims
Presenting a live 90-minute webinar with interactive Q&A Defeating Rule 23(b)(3)'s Predominance Requirement Using Defenses and Counterclaims Evaluating Effectiveness of Strategy in Light of Differing Lower
More informationNo WALoMART STORES, INC., Petitioner, BETTY DUKES, et al., Respondents.
No. 10-277 )F, ICE ( F IIIE WALoMART STORES, INC., Petitioner, V. BETTY DUKES, et al., Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit BRIEF
More informationCase 2:14-cv ER Document 89 Filed 02/22/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Case 2:14-cv-05005-ER Document 89 Filed 02/22/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AMY SILVIS, on behalf of : CIVIL ACTION herself and all others
More informationNo IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 07-15838 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SHIRLEY RAE ELLIS, LEAH HORSTMAN, AND ELAINE SASAKI, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, v. Plaintiffs-Appellees,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
XXXXXXXX, AZ Bar. No. XXXXX ORGANIZATION Address City, State ZIP Phone Number WELFARE LAW CENTER, INC. Attorney s NAme 275 Seventh Avenue, Suite 1205 New York, New York 10001 (212) 633-6967 Attorneys for
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case:-cv-00-TEH Document Filed0 Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KIMBERLY YORDY, Plaintiff, v. PLIMUS, INC, Defendant. Case No. -cv-00-teh ORDER DENYING CLASS CERTIFICATION
More informationUNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO RWZ
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 13-10305-RWZ DAVID ROMULUS, CASSANDRA BEALE, NICHOLAS HARRIS, ASHLEY HILARIO, ROBERT BOURASSA, and ERICA MELLO, on behalf of themselves
More informationCase 0:16-cv WPD Document 165 Entered on FLSD Docket 05/04/2018 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 0:16-cv-62942-WPD Document 165 Entered on FLSD Docket 05/04/2018 Page 1 of 13 KERRY ROTH, on behalf of herself and all others similarly situated, Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY; GOVERNMENT
More informationBANK & LENDER LIABILITY
Westlaw Journal BANK & LENDER LIABILITY Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 17, ISSUE 8 / AUGUST 29, 2011 Expert Analysis Heightened Standards: What Wal-Mart v.
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 14-30550 Document: 00512841052 Page: 1 Date Filed: 11/18/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ROBERT TICKNOR, et al., Plaintiffs-Appellants United States Court of Appeals
More informationCase 2:14-cv RJS Document 17 Filed 06/04/14 Page 1 of 7
Case 2:14-cv-00165-RJS Document 17 Filed 06/04/14 Page 1 of 7 Mark F. James (5295 Mitchell A. Stephens (11775 HATCH, JAMES & DODGE, P.C. 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 Telephone:
More informationAn Overview of Civil Litigation in the U.S. presented by Martijn Steger May 24, 2014
presented by Martijn Steger May 24, 2014 General Explanation of Civil Litigation in the U.S. U.S. litigation is governed by + + Rules of Civil Procedure; and + + Rules of Evidence. Rules of Civil Procedure:
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 564 U. S. (2011) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationIn the Wake of Wal-Mart Stores v. Dukes, Where Are the Districts Headed on Class Certification?
In the Wake of Wal-Mart Stores v. Dukes, Where Are the Districts Headed on Class Certification? by Paul M. Smith Last Term s Wal-Mart decision of the Supreme Court had two basic holdings about why the
More informationClass Actions In the U.S.
Class Actions In the U.S. European Capital Markets Law Conference Bucerius Law School Howard Rosenblatt 6 March 2009 Latham & Watkins operates as a limited liability partnership worldwide with affiliated
More informationSupreme Court of the United States
No. 13-136 IN THE Supreme Court of the United States MEGAN MAREK, v. Petitioner, SEAN LANE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, ET AL., Respondents. On Petition for a Writ of Certiorari
More informationIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ) ) ) ) ) ) ) ) ) MEMORANDUM
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DOUGLAS DODSON, et al., Plaintiffs, v. CORECIVIC, et al., Defendants. NO. 3:17-cv-00048 JUDGE CAMPBELL MAGISTRATE
More informationCOMMENTARY NEW CLASS ACTION RULES IN MEXICO CREATE SIGNIFICANT RISKS FOR COMPANIES DOING BUSINESS IN MEXICO COLLECTIVE ACTIONS UNDER THE NEW LAWS
MARCH 2012 JONES DAY COMMENTARY NEW CLASS ACTION RULES IN MEXICO CREATE SIGNIFICANT RISKS FOR COMPANIES DOING BUSINESS IN MEXICO Beginning March 1, 2012, companies doing business in Mexico will face the
More informationUnited States Court of Appeals For the Eighth Circuit
United States Court of Appeals For the Eighth Circuit No. 12-1716 Gale Halvorson; Shelene Halvorson, Husband and Wife lllllllllllllllllllll Plaintiffs - Appellees v. Auto-Owners Insurance Company; Owners
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Case: 13-3088 Document: 487 Page: 1 08/08/2014 1291023 19 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X DAVID FLOYD,
More informationIn the Supreme Court of the United States
No. 16-841 In the Supreme Court of the United States INTERNATIONAL PAPER COMPANY, ET AL., v. KLEEN PRODUCTS LLC, ET AL., Petitioners Respondents On Petition for a Writ of Certiorari to the United States
More informationCase 2:16-cv Document 5 Filed 04/28/16 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Case 2:16-cv-02268 Document 5 Filed 04/28/16 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS RUSSELL K. OGDEN, BEATRICE HAMMER ) and JOHN SMITH, on behalf of themselves and ) a class
More informationA Guide to North Carolina Class Actions
A Guide to North Carolina Class Actions June, 2013 Anthony T. Lathrop Tonya L. Mercer Jason G. Idilbi Table of Contents The Class Action Mechanism...2 North Carolina Rule of Civil Procedure 23 (NC Gen.
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case 8:15-cv-01592-AG-DFM Document 289 Filed 12/03/18 Page 1 of 8 Page ID #:5927 Present: The Honorable ANDREW J. GUILFORD Lisa Bredahl Not Present Deputy Clerk Court Reporter / Recorder Tape No. Attorneys
More informationCase 1:14-cv JLK Document 152 Filed 03/27/17 USDC Colorado Page 1 of 9
Case 1:14-cv-02612-JLK Document 152 Filed 03/27/17 USDC Colorado Page 1 of 9 Appellate Case: 17-1028 Document: 01019785739 Date Filed: 03/27/2017 Page: 1 FILED United States Court of Appeals UNITED STATES
More informationUSDS SDNY DOCUMENT ELECTRONICALLY FILED DOC#:
Case 1:96-cv-08414-KMW Document 447 Filed 06/18/14 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------)( USDS SDNY DOCUMENT ELECTRONICALLY
More informationCase No. 10-CV-5582(FB)(RML) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK
Page 1 ALBERONYS CUEVAS, on behalf of himself and all other similarly situated persons, Plaintiff, -against- CITIZENS FINANCIAL GROUP, INC. and RBS CITIZENS, N.A. (d/b/a Citizens Bank), Defendants. Case
More informationWAL-MART STORES, INC., PETITIONER v. BETTY DUKES ET AL. SUPREME COURT OF THE UNITED STATES. June 20, 2011, Decided
WAL-MART STORES, INC., PETITIONER v. BETTY DUKES ET AL. SUPREME COURT OF THE UNITED STATES June 20, 2011, Decided JUDGES: SCALIA, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY,
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO. 05-62-C RONALD JUSTICE, ET AL., PLAINTIFFS, V. MEMORANDUM OPINION AND ORDER PHYSICIANS MUTUAL INSURANCE COMPANY,
More informationPatent Litigation and Licensing
Federal Circuit Rules on the Duty to Preserve Evidence SUMMARY On May 13, 2011, the Federal Circuit issued two opinions addressing the duty to preserve evidence in anticipation of commencing patent litigation.
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 14-670 RGK (AGRx) Date October 2, 2014 Title AGUIAR v. MERISANT Present: The Honorable R. GARY KLAUSNER,
More information5. Antitrust Class Actions
5. Antitrust Class Actions Spring 207 NYU School of Law / Georgetown University Law Center Topics What is a class action? What is the role of class actions in antitrust litigation? What criteria must a
More informationCase: Document: 31 Page: 1 06/01/ IN THE FOR THE SECOND CIRCUIT
Case: 12-1853 Document: 31 Page: 1 06/01/2012 625711 15 12-1853 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ADRIANA AGUILAR, et al., on behalf of themselves and all others similarly situated,
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 7:15-cv LSC.
Case: 16-14519 Date Filed: 02/27/2017 Page: 1 of 13 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 16-14519 Non-Argument Calendar D.C. Docket No. 7:15-cv-02350-LSC
More informationWhat is the Jurisdictional Significance of Extraterritoriality? - Three Irreconcilable Federal Court Decisions
What is the Jurisdictional Significance of Extraterritoriality? - Three Irreconcilable Federal Court Decisions Article Contributed by: Shorge Sato, Jenner and Block LLP Imagine the following hypothetical:
More informationCase 2:18-cv MJP Document 102 Filed 03/06/19 Page 1 of 13
Case :-cv-00-mjp Document 0 Filed 0/0/ Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 YOLANY PADILLA, et al., CASE NO. C- MJP v. Plaintiffs, ORDER GRANTING CERTIFICATION
More informationVICKI BUTLER, et al., Plaintiffs, v. HOME DEPOT, INC., Defendant. No. C SI
VICKI BUTLER, et al., Plaintiffs, v. HOME DEPOT, INC., Defendant. No. C-94-4335 SI UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1996 U.S. Dist. LEXIS 3370; 70 Fair Empl. Prac. Cas.
More informationSupreme Court of the United States
No. 12-165 IN THE Supreme Court of the United States RBS CITIZENS N.A. D/B/A CHARTER ONE, ET AL., v. Petitioners, SYNTHIA ROSS, ET AL., Respondents. On Petition for Writ of Certiorari to the United States
More informationUnited States Court of Appeals
USCA Case #14-8001 Document #1559613 Filed: 06/26/2015 Page 1 of 11 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued February 6, 2015 Decided June 26, 2015 No. 14-8001 IN RE:
More informationSECURITIES LITIGATION & REGULATION
Westlaw Journal SECURITIES LITIGATION & REGULATION Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 19, ISSUE 8 / AUGUST 20, 2013 Expert Analysis Recent Supreme Court Decisions
More informationUSDC IN/ND case 3:05-md RLM-CAN document 2030 filed 04/21/10 page 1 of 6
USDC IN/ND case 3:05-md-00527-RLM-CAN document 2030 filed 04/21/10 page 1 of 6 THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ) In re FEDEX GROUND PACKAGE ) Cause No.
More informationReliable Analysis Is Key To Addressing Ascertainability
Reliable Analysis Is Key To Addressing Ascertainability By Stephen Cacciola and Stephen Fink; Analysis Group, Inc. Law360, New York (December 8, 2016, 11:15 AM) Stephen Cacciola Stephen Fink There has
More informationCase 4:14-cv JAJ-CFB Document 125 Filed 05/12/17 Page 1 of 10
Case 4:14-cv-00463-JAJ-CFB Document 125 Filed 05/12/17 Page 1 of 10 It IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION FREDERICK ROZO, individually and on behalf
More informationClass Actions in the U.S. an update on a disheartening trend. Albert A. Foer, President, American Antitrust Institute
Class Actions in the U.S. an update on a disheartening trend Albert A. Foer, President, American Antitrust Institute British Institute of International and Comparative Law Collective Redress in Europe
More informationSupreme Court of Florida
Supreme Court of Florida PER CURIAM. No. SC11-1462 JAMES SOPER, et al., Petitioners, vs. TIRE KINGDOM, INC., Respondent. [January 24, 2013] We have for review Tire Kingdom, Inc. v. Dishkin, et al., 81
More informationS. ll IN THE SENATE OF THE UNITED STATES A BILL
TH CONGRESS D SESSION S. ll To restore the effective use of group actions for claims arising under title VII of the Civil Rights Act of, title I of the Americans with Disabilities Act of, title V of the
More informationStaton v. Boeing: An Exercise in the Abuse of Discretion Standard of Review
Loyola Marymount University and Loyola Law School Digital Commons at Loyola Marymount University and Loyola Law School Loyola of Los Angeles Law Review Law Reviews 9-1-2003 Staton v. Boeing: An Exercise
More informationInvitation To Clarify How Plaintiffs Prove Class Membership --By David Kouba, Arnold & Porter LLP
Published by Appellate Law 360, Class Action Law360, Consumer Protection Law360, Life Sciences Law360, and Product Liability Law360 on November 12, 2015. Invitation To Clarify How Plaintiffs Prove Class
More informationCase 1:11-cv WHP Document 264 Filed 07/12/16 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.
Case 1:11-cv-06784-WHP Document 264 Filed 07/12/16 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ERIC GLATT, ALEXANDER FOOTMAN, EDEN ANTALIK, and KANENE GRATTS,
More informationCase 3:07-cv SI Document 109 Filed 07/08/2008 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case :0-cv-00-SI Document 0 Filed 0/0/00 Page of IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 0 ANN OTSUKA; JANIS KEEFE; CORINNE PHIPPS; and RENEE DAVIS, individually and
More informationA NEW BATTLEGROUND IN CLASS ACTIONS: THE COMMONALITY REQUIREMENT OF RULE 23(a)(2)*
A NEW BATTLEGROUND IN CLASS ACTIONS: THE COMMONALITY REQUIREMENT OF RULE 23(a)(2)* BY JEFFREY E. CRANE The U.S. Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes 1 has thrust the commonality requirement
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT GARY YOKOYAMA, ATTORNEY IN FACT FOR LEATRICE C. YOKOYAMA, INDIVIDUALLY AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED No. 07-16825 PERSONS,
More informationTHE SUPREME COURT OF NEW HAMPSHIRE PATRICK CANTWELL J & R PROPERTIES UNLIMITED, INC. Argued: April 3, 2007 Opinion Issued: May 30, 2007
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationClass Action Litigation Report
Page 1 of 8 Class Action Litigation Report Source: Class Action Litigation Report: News Archive > 2013 > Latest Developments > BNA Insights > BNA Insight: Recent Developments in Issue Certification Under
More informationClass Action Litigation Report
Class Action Litigation Report Reproduced with permission from Class Action Litigation Report, 13 CLASS 1270, 11/09/2012. Copyright 2012 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
More informationTHE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case :-cv-00 Document Filed 0// Page of Page ID #: 0 0 John P. Kristensen (SBN David L. Weisberg (SBN Christina M. Le (SBN KRISTENSEN WEISBERG, LLP 0 Beatrice St., Suite 00 Los Angeles, California 00 Telephone:
More informationCase 2:16-cv RSL Document 74 Filed 06/27/17 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON
Case :-cv-00-rsl Document Filed 0// Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 0 ABDIKHADAR JAMA, an individual, JEES JEES, an individual, and MOHAMED MOHAMED, an individual, Plaintiffs,
More informationCase 1:06-cv JR Document 19 Filed 10/01/2007 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:06-cv-02249-JR Document 19 Filed 10/01/2007 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE OSAGE TRIBE OF INDIANS ) OF OKLAHOMA v. ) Civil Action No. 04-0283 (JR) KEMPTHORNE,
More informationArbitration Agreements v. Wage and Hour Class Actions
Arbitration Agreements v. Wage and Hour Class Actions Brought to you by Winston & Strawn s Labor and Employment Practice Group 2013 Winston & Strawn LLP Today s elunch Presenters Monique Ngo-Bonnici Labor
More informationSUPREME COURT OF MISSOURI en banc
SUPREME COURT OF MISSOURI en banc RUTH CAMPBELL, ET AL., ) ) Appellants, ) ) vs. ) No. SC94339 ) COUNTY COMMISSION OF ) FRANKLIN COUNTY, ) ) Respondent, ) ) and ) ) UNION ELECTRIC COMPANY, ) d/b/a AMEREN
More informationSupreme Court of the United States
No. 11-864 IN THE Supreme Court of the United States COMCAST CORPORATION, ET AL., Petitioners, v. CAROLINE BEHREND, ET AL., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For
More informationComment. Sherry E. Clegg
EMPLOYMENT DISCRIMINATION CLASS ACTIONS: WHY PLAINTIFFS MUST COVER ALL THEIR BASES AFTER THE SUPREME COURT S INTERPRETATION OF FEDERAL RULE OF CIVIL PROCEDURE 23(a)(2) IN WAL-MART V. DUKES Comment Sherry
More information