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6 Jan 2017, 7:17 am
Bayer Corp., 727 F.3d 300 (3d Cir. 2013), the Third Circuit added a second prong to the ascertainability requirement—that there must be “a reliable and administratively feasible” method for ascertaining proposed class members, Carrera, 727 F.3d at 308, so they can be notified of their right to opt out, fraudulent claims can be policed, and defendants may exercise their due process right to challenge the proof used to demonstrate class membership. [read post]
6 Jan 2017, 7:17 am
Bayer Corp., 727 F.3d 300 (3d Cir. 2013), the Third Circuit added a second prong to the ascertainability requirement—that there must be “a reliable and administratively feasible” method for ascertaining proposed class members, Carrera, 727 F.3d at 308, so they can be notified of their right to opt out, fraudulent claims can be policed, and defendants may exercise their due process right to challenge the proof used to demonstrate class membership. [read post]
5 Jan 2017, 4:00 am
Bayer Corp., 727 F.3d 300 (3d Cir. 2013), as did the Sixth, Seventh and Eighth Circuits before it. [read post]
30 Dec 2016, 1:27 pm
Army Corps of Engineers v. [read post]
30 Dec 2016, 1:27 pm
Army Corps of Engineers v. [read post]
23 Nov 2016, 8:15 am
“Each of these lawsuits arise from the injuries Plaintiff sustained after being implanted with Essure, which is a permanent birth control device that is manufactured and distributed by Bayer by Bayer Corp., Bayer HealthCare LLC, Bayer Essure Inc., Conceptus Inc., Bayer Healthcare Pharmaceuticals, and Bayer A.G., the Plaintiff’s petition stated. [read post]
14 Nov 2016, 8:00 am
Whitco Chemical Corp., 125 N.J. 421, 432 (1991). [read post]
12 Oct 2016, 3:00 am
The judge’s opinion reflected that Illinois National Insurance Co. and American Home Assurance Co. filed the lawsuit as “subrogees of their insured Panduit Corp. [read post]
14 Sep 2016, 4:00 am
Bayer Corp., 727 F. 3d 300 (3d Cir. 2013). [read post]
30 Jun 2016, 5:00 am
We expect Bayer to be decided in three to four months. [read post]
22 Apr 2016, 3:51 pm
Bayer Corp., 727 F.3d 300, 355 (3d Cir. 2013)],where the class consists of anybody who laid eyes on a website’s terms of use? [read post]
8 Apr 2016, 11:22 am
Bayer Corp, 2016 U.S. [read post]
3 Mar 2016, 5:19 am
Johnson & Johnson Corp. v. [read post]
23 Jan 2016, 8:47 pm
Bayer Corp., 564 U.S. 299, 131 S.Ct. 2368 (2011). [read post]
10 Dec 2015, 6:55 am
Irving Ojalvo, an engineering expert witness and the defendant hired Thomas Bayer, another engineering expert witness. [read post]
30 Nov 2015, 1:14 pm
Bayer Corp., 727 F.3d 300, 304 (3d Cir. 2013). [read post]
30 Nov 2015, 1:14 pm
Bayer Corp., 727 F.3d 300, 304 (3d Cir. 2013). [read post]
9 Nov 2015, 4:00 am
This has been described by the Supreme Court of Canada in Whirlpool Corp v. [read post]
22 Oct 2015, 8:42 am
Thus, under Reed’s “topic”-based approach, there doesn’t seem to be the need any longer to go through the “commercial speech” rigmarole of Central Hudson Gas & Electric Corp. v. [read post]
25 Sep 2015, 8:51 am
Bayer Corp., 643 F.3d 944, 999-1000 (7th Cir. 2011)). [read post]
