Articles

Does Bristol-Myers Squibb Co. v. Superior Court Apply to Class Actions?

By Jordan Elias and Adam E. Polk – February 25, 2020 | The key arguments all plaintiff’s counsel should be making to oppose application of BMS to their class actions.

Issue Certification under Rule 23(c)(4) Experiences a Resurgence Despite a Circuit Split

By Julie C. Webb and J. Matthew Goodin – February 25, 2020 | Remember to consider this when developing your class certification strategy.

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Practice Points

Sixth Circuit Holds Class Action Dismissal Only Covers Named Plaintiffs Prior to Class Notification

By Neeckaun Irani – March 26, 2020 | The summary judgment decision binds only named plaintiffs when court issues summary judgment order dismissing entire case after class is certified but before class notification.

Ninth Circuit: Identification of Potential Clients Alone Is Not a Permissible Discovery Purpose

By Neeckaun Irani – March 6, 2020 | The court finds clear error in allowing discovery to identify class members before class-certification.

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Audio

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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