Dispute Resolution Blog
- Blog: DeclassifiedSetting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class CertificationPosted on March 3, 2021 by Carson S. Phillips and J. Thomas RichieIn a decision that narrows the path to class certification in federal court, the Fifth Circuit has held that a plaintiff must clear the Daubert hurdle when expert evidence is relevant to the decision of a federal court to certify a class. The decision in Prantil v. Arkema Inc. cements the Fifth Circuit’s viewpoint that... Continue Reading
- Blog: MisbrandedSupreme Court to Address Article III Standing Requirements of Absent Class MembersPosted on February 28, 2021 by Gabriela Bersuder, Jane MetcalfIn a significant case for class action litigants, the Supreme Court is expected to resolve a circuit split over the standing requirements applicable to absent class members, and weigh in on the circumstances – if any – under which statutory violations can be deemed to give rise to Article III injury for such class members. [...]
- 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...