Indirect Purchaser Antitrust Claims on the Rise in New Mexico
Douglas G. Schneebeck of Modrall Sperling
Federal antitrust statutes provide a cause of action for price-fixing allegations only to direct purchasers from the alleged wrongdoer. Thus, if price fixing occurs among manufacturers of furniture, wholesalers can bring claims against the manufactures, but others in the chain of distribution, including consumers, may not.
Defeating Class Certification: Showing How You Will Present Your Defense At Trial Is Crucial
Michael R. Blankshain and Michael L. McCluggage of Wildman, Harrold, Allen & Dixon LLP
The right to present a full defense is crucial in every case, but it takes on special significance in the class action context. The courts have explicitly acknowledged what corporate defendants have long recognized; the decision to certify a class can coerce settlement of non-meritorious claims.
Cal. Fed. Ct. Remands Class Action Under Uniform Standards Act's Delaware Carve-Out
Cadwalader, Wickersham & Taft LLP
The United States District Court for the Southern District of California recently addressed two novel issues un.
The Evolution of Canadian Class Action Litigation
F. Paul Morrison,Julie Chenette and R. Barry Fraser of McCarthy Tetrault
Class action litigation in Canada continues to be marked by rapid and ongoing evolution. Significant developments in the Canadian class action world occur almost on a daily basis. There have been developments in many areas. This article focuses on national class, securities class actions, developments in Quebec, and "criminal interest rate" actions.
Certification for Alien Healthcare Workers
Leigh Stephens McCarthy of Rudman & Winchell
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) amended the federal Immigration an.
The California Supreme Court Leaves A Window Of Opportunity For Class Action Waiver Clauses In Employment Arbitration Agreements
Henry D. Lederman and Lisa C. Chagala of Littler Mendelson, P.C.
On June 27, 2005, the California Supreme Court issued a long-awaited decision in Discover Bank v. Superior Court, Case No. S113725, and held that, "at least under some circumstances," class action and class arbitration waiver clauses in consumer contracts are not enforceable. Although Discover Bank may not represent the best of all possible results for employers, the California Supreme Court left open a window of opportunity for the use and enforcement of class action and class arbitration waiver clauses in the employment context.
Class Actions and Collateral Estoppel
Rebecca Alfert of Wildman, Harrold, Allen & Dixon LLP
On June 20, 2003, the Seventh Circuit issued the most comprehensive opinion to date enjoining named and unnamed class members, and their counsel, from pursuing class certification in any other court based on a prior class certification denial.