On February 26, 2019, in Nutraceutical Corp. v. Lambert, the Supreme Court of the United States held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline to request permission to appeal a district court’s order regarding class certification cannot be equitably tolled. The Supreme Court’s opinion left open the possibility that the 14-day deadline
Michael Klebanov
Clients turn to Michael for high-stakes class action defense and appellate litigation. With his expertise in bet-the-company class actions, he defends a variety of challenges to companies’ practices and products, including claims based on breach of contract, warranties, product mislabeling and misrepresentation, deceptive trade practices, negligence, RICO and securities violations. Michael also has multidistrict litigation (MDL) experience.
Missouri Supreme Court Limits Personal Jurisdiction
The Supreme Court of Missouri recently issued an important decision in Norfolk Southern Railway Co. v. Dolan, holding that Missouri did not have personal jurisdiction over an out-of-state corporation registered to do business in Missouri that was conducting “substantial and continuous” business in Missouri, where an alleged injury to a resident of another state arose due to conduct outside of Missouri.
Tyson Decision Delivers Narrow Lessons for, But No Knockout to, Class Actions
Earlier this week the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, affirming the Eight Circuit’s decision to not disturb a jury verdict against Tyson where the district court permitted the jury to draw an inference of class-wide liability based on representative or statistical evidence.