If you’ve thought about filing a business lawsuit in federal court or you have one underway already, you’ll probably want to read about two still-in-process studies by Columbia University and Harvard University law school professors on how the U.S. Supreme Court under Chief Justice John Roberts (2005-present) has treated business lawsuits, and how that treatment
class certification
Clearing Broker Escapes Bear Trap

Standing nearby when what our banker friends call a liquidity event takes place can result in an influx of wealth. Who doesn't want that.
The opposite feeling takes hold for what we'll refer to as liability events. These usually involve the disappearance of money that belongs to Other People. Bankers like to distance themselves in those instances.
Sometimes…
Third Circuit Restores Global Diamond Class
Remember the antitrust settlement class that a Third Circuit panel struck down last year? The one that went en banc a few weeks later? The one whose oral argument Blawgletter saw and wrote a post about?
Today, the en banc Third Circuit ruled 7-2 in favor of class certification. Judge Rendell, who wrote the dissent…
Webinar on Class Certification in Antitrust Cases: A Brave New World
A couple weeks ago, if you found yourself in downtown Philadelphia, you could've stopped in the U.S. courthouse there and seen Blawgletter argue a Rule 23(f) appeal to an impressive panel of the Third Circuit Court of Appeals. The appeal challenges an order certifying a class of Philadelphia-area cable subscribers. Behrend v. Comcast Corp., No.
Third Circuit Rejects Shores v. Sklar Securities Fraud Theory
Whether to treat a securities fraud case on a class basis often turns on whether the court may presume that class members relied on false statements or omissions by the defendants.
The most common form of presumption — the fraud on the market theory – won the Supreme Court's okay in Basic, Inc. v. Levinson, 485…
En Banc Ninth Circuit Affirms Class Against Walmart
An 11-judge en banc panel of the Ninth Circuit today upheld certification of a sex discrimination case against Walmart. Dukes v. Wal-Mart Stores, Inc., No. 04-16688 (9th Cir. Apr. 26, 2010).
Chief Judge Kozinski and Circuit Judge Ikuta filed dissents.
