Dispute Resolution Blog
- Blog: MisbrandedSupreme Court Clarifies Standing Requirements – Implications for Class Action Defendants in Data Security, Privacy, and False Advertising CasesPosted on August 19, 2021 by Peter A. Nelson, Gabriela Bersuder, Anthony C. LoMonacoOn June 25, the Supreme Court held in a 5-4 decision that Article III prohibits certification of a class and a damages award where the majority of class members lack actual injury. In TransUnion v. Ramirez, the Ninth Circuit Court of Appeals had previously concluded that a class of over 8,000 individuals who could prove [...]
- Blog: Commercial Litigation and Dispute Resolution BlogPolluter Pays (And Maybe Pays Your Lawyer): BC Court of Appeal Clarifies
the Law on Recovery of Costs in Contaminated Sites ClaimsPosted on July 13, 2021 by Kinji C. Bourchier, Thomas D. BoydThe British Columbia Court of Appeal has overturned previous decisions on the recoverability of legal costs associated with remediation under the Environmental Management Act (“EMA”). The decision is likely to have important ramifications on contaminated sites actions and on the role of lawyers in remediation in the future. The EMA governs remediation (clean up ...
- Blog: DeclassifiedFinancial Negligence Claim Reversed in Mississippi Supreme CourtPosted on March 16, 2021 by Jeffrey R. Blackwood, Michael Bentley and Jonathan M. BarnesIn Gloria Baker, et al. v. Raymond James & Associates Inc., et al., the Mississippi Supreme Court on March 4 reinstated a trial court ruling that Mississippi’s latent-injury discovery-rule exception to the catch-all, three-year limitations period did not apply where the lay plaintiffs, though inexperienced and unsophisticated investors, received monthly account statements showing “substantial losses”... Continue Reading
- Blog: HB BrieflyFederal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed?Posted on December 28, 2018 by tjbIf you’re litigating a putative class action in federal court and get a class certification order that is adverse to your client (whether plaintiff or defense), you may petition to take an immediate appeal of that order. Fed. R. Civ. P. 23(f). The petition to appeal must be filed quickly—within 14 days. Id. The short turnaround time … Continue reading Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed? → The post Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsiderat...