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This blog often focuses on traditional, opt-out class actions brought under Federal Rule of Civil Procedure 23, but there is another common form of mass action: collective actions under the Fair Labor Standards Act and the...more
On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to...more
Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more
Effective December 1 of this year, Rule 23 of the Federal Rules of Civil Procedure – governing class action lawsuits – was amended. Among other things, the amendments modernize the rule with respect to electronic...more
Proposed amendments to the class action settlement process in Federal Rule of Civil Procedure 23(e) are scheduled to take effect on Dec. 1, 2018. One of the proposed amendments requires that “[t]he parties must provide the...more
The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the New York Court of Appeals provided guidance on Rule 908 of the New York Civil Practice Law and Rules, deciding that Rule 908 requires sending notice of a...more
Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more
Last week, the Rule 23 Subcommittee released its latest draft proposal for amending Rule 23. (2015-1105 Rule 23 Subcommittee Report) - The Subcommittee has abandoned (or in a few cases, placed “on hold”) several of its...more
Class action settlements, certification of issues classes, and class notice requirements are among the topics that may be the subject of upcoming proposed amendments to Federal Rule of Civil Procedure 23. On the agenda for...more