Halliburton Co. v. Erica P. John Fund, Inc., ___ U.S. ___ (2014). In general, in a securities fraud case under section 10(b) of the Securities Exchange Act of 1934, 15...

Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), severely restricted class certification in cases that involve products of whose purchasers selling defendants do not keep records. That is the...

A report from the Center for Public Integrity, issued this morning and available at http://www.publicintegrity.org/2014/04/28/14630/federal-judges-plead-guilty, addresses financial conflicts of interest in the United States Courts of Appeal. Both a federal statute and Canon...

Thompson v. Real Estate Mortgage Network, 748 F.3d 142 (3d Cir. 2014). This opinion, issued today by Judge Vanaskie, is an important one in that it clarifies the pleading standards...

Some dubious legislation, like a bad penny, keeps coming back on the scene. For a number of years, a bill that would allow appeals as of right of orders granting...

For many months, the class action defendants' lobby has highlighted two Circuit Court opinions as the latest poster boys in a campaign whose ultimate goal is to abolish class actions....

Dewey v. Volkswagen, A.G., 2014 U.S. App. LEXIS 2596 (3d Cir. Feb. 12, 2014). In Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012), the Third Circuit reversed approval...

Caporusso v. New Jersey Dep't of Health & Senior Services, 434 N.J. Super. 88 (App. Div. 2014). The prerogative writ of mandamus is the centerpiece of this opinion by Judge...

In each of the past two years, I have been a speaker on a Strafford Publications webinar titled "Class Action Settlement Objectors: Minimizing and Defending Challenges by Professional Objectors, Government...

Eastman v. First Data Corp., 736 F.3d 675 (3d Cir. 2013). Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff...