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Standing Federal Rules of Civil Procedure Litigation Strategies

EDRM - Electronic Discovery Reference Model

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more

Axinn, Veltrop & Harkrider LLP

Hanging in the Balance: Supreme Court Declines to Decide the Uninjured Class Member Question in Labcorp v. Davis

Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more

Katten Muchin Rosenman LLP

SCOTUS Considers Article III Questions with Significant Implications on Class Action Certification

The Supreme Court of the United States (SCOTUS) heard oral argument this week in Labcorp v. Davis (No. 24-304) to determine “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Kelley Drye & Warren LLP

Kansas Seeks to Stop Ford County From ​“Usurping” its Sovereignty

In January, Ford County, Kansas joined a class action complaint filed in Missouri against eleven plastics manufacturers, seeking to represent ​“all persons or entities” in 35 states who purchased relevant plastics since 1990....more

Mintz

Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court

Mintz on

On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more

Morrison & Foerster LLP - Class Dismissed

Everyone Please Stand: Supreme Court to Consider Standing Requirements for Class Actions, With the Potential to Resolve...

On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

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