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Class Action › Corporate Counsel › Appellate Courts

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Woods Rogers

Sixth Circuit Protects Corporate Internal Investigations

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In a notable victory for corporations, the U.S. Court of Appeals for the Sixth Circuit issued a critical ruling in In re: FirstEnergy Corporation that strengthens the protections of the attorney-client privilege and...more

Foley & Lardner LLP

Sixth Circuit Affirms Attorney-Client Privilege and Work-Product Protection over Internal Investigation Materials

Foley & Lardner LLP on

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a “business purpose.” The U.S. Court of Appeals for...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Constangy, Brooks, Smith & Prophete, LLP on

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Jackson Lewis P.C.

Sixth Circuit Affirms Dismissal of Excessive Fee Case Against DENSO International

Jackson Lewis P.C. on

The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a...more

Ervin Cohen & Jessup LLP

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers

Ervin Cohen & Jessup LLP on

In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class...more

Kilpatrick

Supreme Court grants certiorari to address circuit split regarding uninjured class members

Kilpatrick on

Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

Carlton Fields on

The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

Carlton Fields on

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Goodwin

2022 Year in Review: Securities Litigation Against Life Sciences Companies

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We are proud to present our seventh annual Securities Litigation Year in Review publication, in which we analyze data for securities class actions filed nationally against publicly traded pharmaceutical, biotechnology,...more

Rosenberg Martin Greenberg LLP

Fourth Circuit Holds That Federal Subject-Matter Jurisdiction Under the Class Action Fairness Act Can Rest on What “May Be” True

Rosenberg Martin Greenberg LLP on

In an apparent case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that the fact that the district court may be foreclosed by governmental immunity from ordering relief prevents the federal court...more

Robinson+Cole Class Actions Insider

CAFA Appeals Cannot Address Other Jurisdictional Issues, According to the Fifth Circuit

Robinson+Cole Class Actions Insider on

The Fifth Circuit recently addressed the scope of appellate jurisdiction under the Class Action Fairness Act (CAFA). CAFA allows federal courts of appeals to hear, on a discretionary basis, appeals from “an order of a...more

Morrison & Foerster LLP - Class Dismissed

Second Circuit Affirms Class Decertification Based On Inadequate Representation

Morrison & Foerster LLP - Class Dismissed on

Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment...more

Morrison & Foerster LLP - Class Dismissed

Arbitrating Arbitrability: Three Recent Appellate Decisions On Delegation Clauses In Arbitration Agreements

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This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to the arbitrator can be negated by a provision that exempts certain claims...more

Constangy, Brooks, Smith & Prophete, LLP

Eleventh Circuit Finds “Incentive” Or “Service” Payments For Named Plaintiffs Unlawful

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The U.S. Court of Appeals for the Eleventh Circuit recently became the first federal appeals court to explicitly hold that “incentive” or “service” payments for the named plaintiffs in class actions are unlawful....more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

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