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Searching Content indexed under Anti-trust/Competition Law by Archis Parasharami ordered by Published Date Descending.
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First Circuit Reverses Class Certification Where Individualized Inquiries Would Be Required To Identify And Exclude Uninjured Class Members
Plaintiffs frequently seek to certify class actions where the proposed classes contain a significant number of uninjured persons.
United States
30 Oct 2018
2
O Canada: New Ground Rules For Class Certification in Antitrust Cases North Of The Border
While the U.S. Supreme Court and federal courts of appeals have in recent years demanded rigorous scrutiny before authorizing certification of class actions, the Supreme Court of Canada has charted a different course.
United States
21 Nov 2013
3
D.C. Circuit Overturns Certification of Antitrust Class Action and Requires Reconsideration in Light of Comcast Corp. v. Behrend
The federal courts of appeals continue to scrutinize class-action settlements closely when the direct benefits to class members are overshadowed by the attorneys’ fees that flow to plaintiffs’ counsel.
United States
16 Aug 2013
4
Supreme Court Reverses Certification of Antitrust Class Action Where Class Failed To Prove That Damages Could Be Determined On A Classwide Basis
An important and recurring issue in class actions is whether a district court must consider particular merits issues when deciding whether to certify a class under Federal Rule of Civil Procedure 23.
United States
3 Apr 2013
5
Supreme Court Grants Certiorari In American Express Arbitration Case
The Supreme Court has just granted certiorari in American Express Co. v. Italian Colors Restaurant, No. 12-133.
United States
15 Nov 2012
6
Enforceability of Arbitration Agreement in Antitrust Context Sharply Divides Second Circuit
Last Term, the US Supreme Court held in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011),
United States
31 May 2012
7
Federal Appeals Court Refuses To Enforce Agreement To Arbitrate Antitrust Claim On An Individual Basis
On February 1, 2012, the U.S. Court of Appeals for the Second Circuit reaffirmed its earlier ruling refusing to enforce American Express’s arbitration provision on the ground that, in the court’s view, the plaintiffs had shown that it would be prohibitively expensive to arbitrate their antitrust tying claims on an individual basis.
United States
14 Feb 2012
8
Seventh Circuit Confirms that District Courts Must Resolve Daubert Objections to Class Certification Experts Before Ruling on Motion to Certify Clas
In a ruling that is likely to have a significant impact on all types of class-action lawsuits, in "American Honda Motor Co. v. Allen", No. 09-8051, the US Court of Appeals for the Seventh Circuit vacated an order certifying a class action because the district court had not ruled on the merits of the defendant’s motion to strike the report of the plaintiff’s class certification expert.
United States
16 Apr 2010
9
Third Circuit Requires District Courts to Make Findings that Each Element of Rule 23 is Met Before Granting Class Certification
The US Court of Appeals for the Third Circuit recently clarified the standard of proof necessary to permit class certification.
United States
21 Jan 2009
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