Seamus Duffy

Akin Gump Strauss Hauer & Feld LLP

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9th Circ. Decision Sets New Framework For Class Certification

The en banc U.S. Court of Appeals for the Ninth Circuit's recent watershed decision in Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC established several significant benchmarks for determining class...more

5/11/2022 / Article III , Class Action , Class Certification , Class Members , En Banc Review , FRCP 23 , FRCP 23(b)(3) , Predominance Requirement , Putative Class Actions , Standing

9th Circuit Provides Key Guidance for Defendants Opposing Rule 23(b)(3) Class Actions

Key Points - The en banc 9th Circuit clarified numerous rules applicable to class actions brought under Rule 23(b)(3) of the Federal Rules of Civil Procedure. The court’s watershed decision in Olean Wholesale Grocery v....more

4/13/2022 / Class Action , Class Certification , Class Members , Daubert Standards , Evidence , FRCP 23(b)(3) , Preponderance of the Evidence

Lloyd v Google UK Supreme Court Class Action Judgment — End of the Road for Some, Open Door for Others

On 10 November 2021, the Supreme Court dismissed the United Kingdom’s first ever “opt-out” class action brought outside of the competition law sector, in Lloyd v Google LLC. The claim, seeking an award of damages of around £3...more

11/17/2021 / Class Action , Class Members , Class Representatives , Cybersecurity , Data Privacy , Google , Opt-Outs , UK Data Protection Act , UK Supreme Court

Despite Its Allure, Litigation Funding Is Just ‘The Cost of Doing Business’ for Class Counsel

A federal district court rejected a novel request from class counsel for reimbursement of counsel’s litigation funding expenses. According to the court in Perez v. Rash Curtis & Assoc., No. 16-03396 (N.D. Cal. October 1,...more

10/26/2021 / Class Action , Class Members , Fee Awards , FRCP 23(e) , Litigation Fees & Costs , Litigation Funding , Settlement

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