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January 7, 2025 Chelsea Pieroni

Voluntary Dismissals of Putative Class Actions Under Federal Rule 23(e): Permission, or Forgiveness?

Does a trial court have to approve a voluntary dismissal of a putative class action before the case gets to class certification? While the precise answer remains uncertain, the Fourth Circuit, North Carolina courts, and other jurisdictions have made room for a Rule 23(e)-adjacent—or, Rule 23(e) “light”—approach for handling voluntary, […]

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August 2, 2022 Joseph D. Hammond
Posted in  Case Updates

The Ninth Circuit’s “Tuna Case” Lets Uninjured Class Members Off the Hook at Certification but May Reel in the Supreme Court

Attorneys interested in class actions and antitrust law will read the Ninth Circuit’s recent opinion in the “tuna case”—Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC—with relish.  31 F.4th 651 (2022).  The case contains important takeaways for class action and antitrust attorneys,[1] and also—the focus of this post—highlights […]

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January 20, 2022
Posted in  CAFA

CAFA Exception or Requirement? A Pane-ful Choice for Defendants

In last fall’s television sensation, Squid Game, unwilling participants in a gruesome game show compete in a series of deceptively simple challenges where one wrong move can have lethal consequences. The penultimate challenge is to cross a bridge made up of pairs of glass panes. In each pair, one pane […]

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