Searching Content by David L. Luck ordered by Published Date Descending.
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Food For Thought: A Review Of 2017 Litigation
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry.
United States
29 May 2018
For Want Of A Deadline: Avoiding A Jurisdictional Pitfall
The time for appealing from an order, whether final or non-final, is typically jurisdictional. If the appellant or petitioner misses the applicable deadline, the appellate court lacks jurisdiction ...
United States
8 May 2018
Keep The Change – The Southern District Of New York Authorizes Claims Administrator To Retain Portion Of Accrued Interest On Settlement Funds
When class action settlement funds are not amenable to individual claims or to a meaningful pro rata distribution, courts have used the cy pres doctrine to distribute the funds to nonprofit charitable organizations ...
United States
7 Dec 2017
Taking A Toll: The Effect Of Post-Judgment Motions On Appeal Deadlines
Counsel contemplating an appeal often depend on the "tolling" effect of authorized post-judgment motions, which can extend an otherwise-applicable appeal deadline.
United States
15 Nov 2017
Objectively Non-Flushable? The Northern District of California Certifies Consumer Class Regarding Charmin Freshmates
Using the familiar "reasonable consumer standard" that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of California consumers who purchased Charmin/Proctor & Gamble's "Freshmates" brand of "flushable" bathroom wet-wipes between April 6, 2011, and August 3, 2017.
United States
23 Aug 2017
Game Over – SCOTUS Holds A Voluntary Dismissal With Prejudice Is Not A Viable Means To Appeal A Denial Of Class Certification
A group of plaintiffs hoped to hit the reset button on the Ninth Circuit's denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft.
United States
29 Jun 2017
Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement
Using the Third Circuit's comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants...
United States
15 Jun 2017
A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class
A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products' manufacturer, Johnson & Johnson, ..
United States
11 May 2017
Alleged Violations Of Florida Building Code Not Subject To Class Treatment
Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida's building code.
United States
11 May 2017
Class Representatives Do Not Hold Veto Power Over Class Settlement
In In re FedEx Ground Package Sys., Inc. Employment Practices Litig., No. 3:05-CV-595 RLM, 2017 WL 632119 (N.D. Ind. Feb. 14, 2017), only one of a total of seven class representatives signed off on accepting a proposed class settlement with the defendant, FedEx.
United States
18 Apr 2017
Litigant Beware: Ignore The Duty To Reconstruct The Record Under Rule 10(C) At Your Peril
If the transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant's recollection.
United States
8 Mar 2017
Food For Thought: A Review Of 2016 Litigation
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry.
United States
1 Mar 2017
TCPA Class Certified Based Largely On "Concrete Injury" Determination
Following the United States Supreme Court's decision in Spokeo Inc. v. Robins – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established for statutory purposes –
United States
21 Feb 2017
What Are Interim Class Counsel And When Should They Be Appointed?
Nevertheless, several federal courts have used the same analysis that applies under Rule 23(g)(1) regarding the post-certification appointment of actual class counsel.
United States
21 Feb 2017
Contemplating Cross-Appeals – When "Winners" Need To Appeal
One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal.
United States
21 Sep 2016
A Tale Of Two Orders: Different Results For Motions To Strike Class Allegations
The Southern District of California and the Northern District of Illinois recently entered orders addressing motions to strike class allegations—with very different results for the respective defendants.
United States
7 Jun 2016
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