Federal courts can adjudicate state-law claims arising out of the same facts as federal-law claims under 28 U.S.C. § 1367, but what happens if, after removal, the plaintiff amends her complaint to remove the federal questions...more
2/12/2025
/ CAFA ,
Class Action ,
Federal Court Litigation ,
Jurisdiction ,
Motion to Dismiss ,
Remand ,
Removal ,
Royal Canin USA Inc v Wullschleger ,
SCOTUS ,
Summary Judgment ,
Supplemental Jurisdiction
In a decision that narrows the path to class certification in federal court, the Fifth Circuit has held that a plaintiff must clear the Daubert hurdle when expert evidence is relevant to the decision of a federal court to...more
Yesterday, the Supreme Court sent Frank v. Gaos back to the Ninth Circuit to address the issue of standing under Spokeo.
Frank involved allegations of privacy violations. Plaintiffs brought class action claims against...more
Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more
3/8/2019
/ Actual Damages ,
Article III ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Future Harm ,
Injury-in-Fact ,
Jurisdiction ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages
Following the Supreme Court’s landmark personal-jurisdiction decision in Bristol-Myers Squibb, federal district courts have continued to disagree about whether to apply the court’s holding to cases involving nationwide class...more
The Supreme Court’s decision in China Agritech Inc. v. Resh means that class action plaintiffs can no longer rely on serial class actions to toll their statute of limitations indefinitely. Instead, the Supreme Court held that...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
The Supreme Court’s decision last summer in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), is my pick for “2017 Class Action Practitioners’ Case of the Year”––and it’s not even a class...more
2/6/2018
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
CAFA ,
Class Action ,
Due Process ,
Forum Shopping ,
General Jurisdiction ,
Litigation Strategies ,
Multidistrict Litigation ,
Personal Jurisdiction ,
Rules Enabling Act ,
SCOTUS ,
Specific Jurisdiction
Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more