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Eleventh Circuit Holds That Administrative Feasibility is Not a Precondition for Class Certification
19 Jul 2021, 11:05 am
While the panel noted that, “[t]o be sure, administrative feasibility has relevance for Rule 23(b)(3) classes,” it held that “because Rule 23(b)(3) requires a balancing test, it does not permit district courts to make administrative feasibility a requirement. [read post]
Eleventh Circuit Holds That Administrative Feasibility is Not a Precondition for Class Certification
19 Jul 2021, 11:05 am
While the panel noted that, “[t]o be sure, administrative feasibility has relevance for Rule 23(b)(3) classes,” it held that “because Rule 23(b)(3) requires a balancing test, it does not permit district courts to make administrative feasibility a requirement. [read post]
19 Jul 2021, 6:19 am
The court, however, cautioned that the company’s claims will need to be tested via further discovery (OptimisCorp v. [read post]
18 Jul 2021, 9:08 pm
Texas and the other plaintiffs argued that the Court’s prior decision in National Federation of Independent Businesses v. [read post]
16 Jul 2021, 2:24 pm
Upon evaluation of Defendant’s arguments, the Court found that Plaintiff’s expert tests are relevant to the issue of infringement, the fact that Plaintiff’s expert did not perform the testing himself does not make his opinions on the tests inherently unreliable, and the reliability of Plaintiff expert’s testimony can be tested during trial through cross-examination and other methods. [read post]
16 Jul 2021, 12:30 pm
Circuit: But those claims must be arbitrated, whether or not the plaintiff clicked that particular link in the terms of service. [read post]
16 Jul 2021, 11:59 am
And these studies tested ALA in amounts greater than the amount found in NerveRenew. [read post]
16 Jul 2021, 11:44 am
Now plaintiffs lawyers around the country are evaluating whether contaminated sunscreen could be the next big mass tort. [read post]
16 Jul 2021, 11:27 am
Thus, the plaintiff’s claims that the products were mislabeled because her own independent testing, using different testing protocols, showed an average of 9% retained water, was preempted. [read post]
16 Jul 2021, 11:00 am
Element-by-Element Claim Analysis in Pleadings: Post-Iqbal, the courts have struggled with line-drawing-what quality of factual allegations are sufficient to survive the plausibility test. [read post]
16 Jul 2021, 6:55 am
The court found that plaintiff’s claims failed the reasonable consumer test, which requires a probability that a “significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled” by the representations. [read post]
16 Jul 2021, 6:55 am
The court found that plaintiff’s claims failed the reasonable consumer test, which requires a probability that a “significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled” by the representations. [read post]
16 Jul 2021, 6:10 am
Plaintiff did not appeal. [read post]
16 Jul 2021, 6:10 am
Plaintiff did not appeal. [read post]
15 Jul 2021, 9:01 pm
The Doe plaintiffs sued numerous corporations, including U.S. [read post]
15 Jul 2021, 11:59 am
The trial court found that the doctor’s testimony violated the collateral source rule and the billing expert’s methodology was not proven or tested. [read post]
15 Jul 2021, 3:00 am
After Cyan, plaintiffs have with greater frequency filed Securities Act cases in state courts, at least in part because plaintiffs may have the potential to seek costly and burdensome discovery before the legal sufficiency of their complaints has been upheld, and possibly forcing the settlement of claims whose sufficiency has not been tested. [read post]
13 Jul 2021, 10:01 am
Under the correct First Amendment test, Clearview may not ignore BIPA, because there is a close fit between BIPA’s goals (protecting privacy, speech, and information security) and its means (requiring opt-in consent). [read post]
13 Jul 2021, 6:11 am
It indeed concludes that the combination product was necessarily a second separate invention, based on (i) the test it had first applied to state that Article 3(a) was satisfied and (ii) the finding that the patent (also) claimed ezetimibe alone. [read post]
13 Jul 2021, 5:54 am
The SEC recently published an order approving adjustments to the tests which define a “Qualified Client” under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). [read post]
