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.
Class Actions & Derivative Suits
The Class Actions & Derivative Suits Committee consists of practitioners, corporate counsel, and academics interested in class actions and stockholder derivative suits. Its leadership of top practitioners works to keep members abreast of issues in the class actions area, with subcommittees focused on areas that include antitrust law, consumer law, derivative suits, employment law, mass torts, pharmaceuticals and health law, and securities law.
Articles
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.
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.
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?"
Start Your Membership
Join the Class Actions & Derivative Suits committee and maximize your Section membership!
Events & CLE
Mar
24
Events | Webinar
Legal Implications of New Technologies, Part Four: Seeing Through Facial Recognition [CC]
CLE 60 min
Facial recognition technology is becoming ubiquitous in the private and public sectors. Attorneys should understand how it is being used, what its limitations are, and how to defend and challenge its…
Apr
01
Events | Webinar
2020 Virtual Institute on E-Discovery
ETHICS 60 min
In light of travel and location constraints caused by the spread of COVID-19, this year's Institute on E-Discovery will be taking place as a 3-Part Series of Live Webinars.
Apr
01
Events | Webinar
The Vaping Injury Crisis: Products Liability & Insurance Coverage Issues for Nicotine and Cannabis Industries [CC]
CLE 90 min
This panel will discuss products liability and insurance coverage issues relating to vaping, both involving nicotine (e.g. JUUL) and legal cannabis.