Regular readers of this blog have seen frequent criticism of the class action "ascertainability" doctrine espoused by Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). Recently, as discussed...
Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of...
Byrd v. Aaron's Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were "objective records" that could "readily identify"...
Shelton v. Bledsoe, 775 F.3d 554 (3d Cir. 2015). In Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), a damages class action under Federal Rule of Civil Procedure Rule...
Dart Cherokee Basin Operating Co., LLC v. Owens, ___ U.S. ___ (2014). This case reached a fairly simple conclusion: a notice of removal that removes to federal court a putative...
The 18th Annual American Bar Association Class Actions Institute will take place on October 23 and 24 at theWit Hotel in Chicago. The full brochure for the Institute can be found...
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...
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....
Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). In Marcus v. BMW of North America, Inc., 687 F.3d 583 (3d Cir. 2012), the Third Circuit embarked on a very dangerous path...
