Recent Posts in Civil Litigation Category
Posted on Jul 8, 2011 By Gary E. Mason
In an huge win for consumers, the United States Court of Appeals for the Eighth recently affirmed the district court's order granting class certification in In re Zurn Pex Plumbing Liability ...
Continue reading "Eighth Circuit Favors Consumers in Zurn Opinion" »
Posted on Jun 21, 2011 By Gary E. Mason
In Wal-Mart Stores, Inc. v Dukes et a l, 564 U.S. ___ (2011) (Scalia, J.), the Supreme Court offered this definition of commonality - a common contention "must be of such a nature that is capable of ...
Continue reading "One Stroke To Commonality" »
Posted on Jun 12, 2011 By Gary E. Mason
Numerous courts have wrestled with the propriety of "unmanifested defect" class actions, generally finding that no cause of action exists for a plaintiff who has not yet been injured. But what about ...
Continue reading "No Consideration, No Settlement?" »
Posted on Jun 2, 2011 By Gary E. Mason
A long running debate under Rule 23 surrounds the use of Rule 23(c)(4). The Fifth Circuit, starting with Castano, years ago found that issues could not be certified unless the causes of actions to ...
Continue reading "Certification by Subclass" »
Posted on May 18, 2011 By Gary E. Mason
The door to the courthouse for consumers may have been closed by the Supreme Court's opinion in Concepcion, but the key is still under the mat for corporations looking to sue consumers en mass. In a ...
Continue reading "Anti-Piracy or Anti-Consumer?" »
Posted on May 11, 2011 By Gary E. Mason
We are pleased to announce the launch of our class action blog. Watch this space to see commentary on developments in consumer law, class actions, our investigations and pending cases. Your comments ...
Continue reading "Welcome to our Class Action Blog" »