Features

Defeating Certification of “No-Injury” Consumer Protection Class Actions
In the past several years, plaintiffs' firms have threatened or brought class actions against different companies under New Jersey's Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
Features

Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements
Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.
Features

SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications
On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
Features

'Healthy' Food Labeling
In 2017-2018, the food industry can expect to see fundamental change in the regulations regarding use of the word "healthy" in food packaging, and showdowns over class actions challenging food label claims.
Features

Increased Scrutiny for <I>Cy Pres</I> Provisions in Class Action Settlements
Despite the popularity of utilizing the <I>cy pres</I> doctrine and its benefits, courts are reviewing class-action settlement agreements that provide for <I>cy pres</I> payments with increased scrutiny.
Features

<b><i>Online Extra</b></i><br> Judge Signs Off on Google's $22.5M Settlement in AdWords Class Action
A federal judge in San Jose, CA, has signed off on a $22.5 million deal Google Inc. reached in a long-running class action accusing the company of overcharging certain customers using its AdWords keyword advertising program.
Features

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
Features

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
OnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
Features

<b><i>Daubert</i></b> Motions Really Do Work
<b><I>Part One of a Two-Part Article</I></b><p>The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and <I<Daubert</I> is the form and content of the witness's disclosure under Federal Rules of Civil Procedure (FRCP) 26(a)(2). Here's why.
Features

Class Certification
<b><I>Will Gorsuch Pick Up Where Scalia Left Off?</I></b><p>For two decades leading up to Justice Antonin Scalia's death, the U.S. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23(a)(2) and (b)(3), respectively. Will this continue if Gorsuch is confirmed to the Court?
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