Category: Multi-District Litigation

  • What Are Defendants Hiding in NuvaRing Multidistrict Litigation?

    30 Nov 2012

    Multidistrict litigation differs from class action lawsuits in that each plaintiff pursues individual lawsuits, but the discovery and pretrial phases are consolidated for purposes of judicial economy. In Re: NuvaRing Products Liability Litigation, No. 08-md-1964, (E.D.Mo.) is an ongoing federal MDL case against pharmaceutical manufacturers Merck, Schering-Plough and Organon. (Another

  • Will Leaked Michael Jackson Email Threads Affect the Plaintiff Class Action Lawsuit?

    23 Nov 2012

    A class action lawsuit by singer Michael Jackson’s former assistants and employees has been filed against concert promoter AEG Live in Los Angeles for over $7 million relating to unpaid wages.  The lawsuit alleges the plaintiffs suffered a financial loss and were not paid wages arising from AEG’s knowledge of the singer’s

  • Revealed eDiscovery Email Chains Score Points in NCAA Class Action

    21 Nov 2012

    In the class action lawsuit filed by former NCAA player Ed O’Bannon and joined by 15 other former football and basketball players, plaintiffs allege that their images and likenesses were illegally used by defendants NCAA and Electronic Art Sports for commercial products.  As part of discovery, plaintiffs sought and obtained email threads

  • Should Courts Consider the Merits of the Suit Before Class Action Certification?

    14 Nov 2012

    The Supreme Court has been reviewing and defining class action lawsuit certification jurisprudence lately. In the last session, in Wal-Mart v. Dukes, the Supreme Court held the would-be class of female workers alleging discriminatory practices did not satisfy the “commonality” of law and fact requirement of Federal Rule 23(a). This

  • Supreme Court to Review Comcast Class Action Lawsuit from Third Circuit

    12 Nov 2012

    On November 5, 2012, the U.S. Supreme Court heard oral arguments in the class action case Behrend v. Comcast, No. 10-2865 (3rd Cir. 2011), regarding the standards the lower courts apply to class certification. Plaintiffs are Comcast customers who alleged the defendant engaged in anticompetitive conduction in violation of Section

  • Another Class Action Lawsuit Filed Over iPhone Unlock Codes

    5 Nov 2012

    Apple is facing a new class action lawsuit, filed by named plaintiffs Zach Ward and Thomas Buchar, who alleged that Apple’s policies and “secret” contract with AT&T are in violation of U.S. anti-trust laws which prohibit anti-competitive behaviors.  Plaintiffs allege that consumers who purchased an iPhone between October 19, 2008

  • Defendants In Hepatitis C Case Seek to Delay Discovery

    2 Nov 2012

    Twenty-five civil cases have been filed in New Hampshire against Exeter Hospital, alleging a hospital employee knowingly infected patients with the Hepatitis C virus after using needles on himself and reusing the same needles on patients. An attorney for the defendant hospital filed a motion for stay of discovery. According

  • NCAA Seeks to Deny Class Action Certification…Based on eDiscovery?

    29 Oct 2012

    http://www.youtube.com/watch?v=Y77cUTWKvEU Sixteen college athletes sued the NCAA and two other defendants in 2009 in the U.S. district court for the District of Northern California, alleging the defendants violated anti-trust laws by conspiring to fix players’ compensation at zero while at the same time using and profiting from the players’ names, images

  • Will the Supreme Court Clarify Electronic Discovery Taxation of Costs Under Section 1920?

    5 Oct 2012

    Title 28 U.S.C. § 1920 should be well known to litigators practicing in federal court, as it authorizes taxation of costs for printed or electronically recorded transcripts, fees and disbursements for printing and witnesses, and fees for the costs of copies.  As noted in our blog about the eDiscovery case Race

  • Supreme Court to Review Damage Stipulations and the Class Action Fairness Act

    24 Sep 2012

    The Supreme Court may make a decision that will greatly affect class action lawsuits and plaintiffs across the nation when it hears the case Standard Fire Insurance v. Knowles, No. 11-1450.  In Knowles, plaintiffs filed a state court class action for breach of contract against the defendant insurance company.  The