Searching Content indexed under Court Procedure by Gary Pappas ordered by Published Date Descending.
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Saved By The Bellwether Trial In The Ninth Circuit
Under the specific facts of plaintiffs' request, the Ninth Circuit held that CAFA removal jurisdiction did not exist.
United States
26 Apr 2017
Class Notice Online Works Just Fine
In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan...
United States
6 Apr 2017
No Pick-Off, No Problem: How A Pre-Certification Rule 68 Offer Survived (Twice)
A magistrate judge in the United States District Court for the Western District of Pennsylvania denied plaintiff's motion to strike a Rule 68 offer of judgment served prior to class certification.
United States
4 Apr 2017
Nothing Crafty About Michaels' Disclosure Under Spokeo
A New Jersey District Court followed Spokeo's Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores.
United States
27 Feb 2017
Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving Settlement
The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case...
United States
20 Feb 2017
Nothing Shady Where State Statutory Language Restricting Class Actions Is Clear
Six years ago, the U.S. Supreme Court stated in a plurality opinion that "Rule 23 unambiguously authorizes any plaintiff, in any federal proceeding, to maintain a class action if the Rule's requirements are met"...
United States
28 Sep 2016
Medicare Advantage Organizations May Sue For Double Damages Under MSP Act
On August 8, the Eleventh Circuit Court of Appeals decided an issue of first impression in the circuit under the Medicare Secondary Payer (MSP) Act.
United States
18 Aug 2016
"Placeholder" Motions To Certify Are Unnecessary After Campbell-Ewald According To South Carolina District Court
The South Carolina District Court ruled that a class action plaintiff need not file a "placeholder" motion to certify to avoid a defendant's attempt to "pick-off" the plaintiff and moot the class.
United States
17 Aug 2016
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