(U.S. Supreme Court, filed in April of 2015): Arguing that the Court must clarify the Rules Enabling Act and Rule 23 of the Federal Rules of Civil Procedure in order to ensure that they are applied consistently with longstanding Due Process principles. Arguing that the court erred in its use of “inferences,” or presumptions, of class-wide injury to justify certification of a class in an antitrust suit involving allegations of price-fixing. It was improper for the court to allow the use of sample evidence and statistical models to establish damages on a class-wide basis, even though the samples themselves demonstrated zero or negative damages for some transactions.
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]