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August 17, 2022 Barrett Johnson
Posted in  Appellate Issues

A Rule 23(f) Refresher.

A Rule 23(f) Refresher A recent opinion from the Third Circuit, Laudato v. EQT Corporation, 23 F.4th 256 (3d Cir. 2022), provides a helpful refresher on the procedure for obtaining interlocutory review of district courts’ class certification decisions—and also confirms the Third Circuit as perhaps the most liberal circuit in […]

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August 2, 2022 Joseph D. Hammond Kyle A. Medin
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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May 27, 2022 Andrew Parks Carter
Posted in  Ascertainability Case Updates Class Action Basics

A Review of Fourth Circuit Class-Action Opinions of the Past Year

As the calendar approaches the middle of the year, it is a good time to review the Fourth Circuit’s recent class-action decisions—and there have been a number of them. These opinions offer guidance on five key topics in class-action litigation, including numerosity, ascertainability, commonality, the rights and burdens of objectors, […]

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