Supreme Court Intensifies Timing Pressure on Federal Securities Claimants

Author: Jeremy Gilman (former Partner at Benesch Law)

It is not uncommon for unnamed class members to opt out of the class when securities class actions veer toward settlement.  They might deem the proposed settlement inadequate, and would prefer at that point to go it alone, perhaps believing they can elicit a better deal.  Continue reading “Supreme Court Intensifies Timing Pressure on Federal Securities Claimants”

Supreme Court Tightens Personal Jurisdiction Requirements

Author: Jeremy Gilman (former Partner at Benesch Law)

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 582 U.S. ____ (2017), case no. 16-466. Continue reading “Supreme Court Tightens Personal Jurisdiction Requirements”

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

By: David S. Almeida and Mark S. Eisen

In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff.  Prior to that ruling, courts across the country were split as to whether a defendant could make a complete offer of judgment pursuant to Rule 68—offering to pay all, and sometimes more than, the relief a plaintiff would be entitled to if they won at trial—and thus deprive the plaintiff of standing to continue litigating the case.  In other words, courts were split as to whether a plaintiff could keep litigating after they had already won (following an “unconditional surrender” by the defendant). Continue reading “The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action”

Supreme Court Swats Down the “Voluntary-Dismissal Tactic”

Author: Jeremy Gilman (former Partner at Benesch Law)

Let’s say you’re a plaintiff in a federal action and you’re seeking class certification.  The district court denies your motion.  You then seek the court of appeals’ permission to appeal that interlocutory order under Rule 23(f) of the Federal Rules of Civil Procedure, but that court says no.  What to do? Continue reading “Supreme Court Swats Down the “Voluntary-Dismissal Tactic””