Articles

Legal Implications of COVID-19 Business Interruption Claims Remain to Be Seen

By Katherine Webster – August 27, 2020 Even entrepreneurs whose claims are paid by their insurers will have to work to find their place in our “new normal.”

Experienced in Upheaval: Class Action Practitioners Can Be Valuable Resources During COVID

By Martin Woodward – August 27, 2020 Lessons learned from years of adapting to changes.

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Practice Points

Ninth Circuit: CAFA Does Not Override the Magnuson-Moss Warranty Act’s Requirement to Name 100 Plaintiffs

By D. Scott Carlton and Emily Monroe – August 18, 2020 | The decision is an excellent reminder for litigants that CAFA does not operate to displace the MMWA’s jurisdictional requirements.

Second Circuit Holds Past Purchasers Are Not Eligible for Class Certification Under Rule 23(b)(2)

By D. Scott Carlton and Neeckaun Irani – August 14, 2020 | The court holds that district court erred in certifying past purchasers as a Rule 23(b)(2) settlement class because class members would not benefit from injunctive relief.

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Audio

Top Tips for Taking and Defending Remote Depositions

By Mason Farmani and Lindsay Breedlove - April 21, 2020 | Considering taking a remote deposition while working from home? Learn from Mason Farmani, CEO of Barkley Court Reporters, about the various virtual options, how to prepare, and avoiding technical snafus!

Tips for Selecting the Right Expert

By Angela Sabbe and Scott Carlton - January 29, 2020 | There's no Yelp for experts. In this Sound Advice, Angela Sabbe and Scott Carlton discuss tips for finding expert witnesses and considerations to evaluate when identifying the right expert for litigation matters.

Confronting the Question: Does BMS Apply to Class Actions?

By Adam Polk – January 24, 2020 | Adam Polk discuss the Supreme Court's 2017 BMS decision, subsequent district court decisions' application of the decision to the claims of absent class members, and two recent appellate courts who have been asked to decide: "Does BMS apply to class actions?"

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