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Recent Posts in Civil Litigation Category

Eighth Circuit Favors Consumers in Zurn Opinion

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 ...
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One Stroke To Commonality

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 ...
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No Consideration, No Settlement?

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 ...
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Certification by Subclass

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 ...
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Anti-Piracy or Anti-Consumer?

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 ...
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Welcome to our Class Action Blog

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 ...
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