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
class action
Product Liability Monitor – December 4, 2017
By Husch Blackwell on
Posted in Legislative & Judicial Updates, Product Safety
| December 4, 2017 |
| New Developments |
| Missouri Adopts Daubert: What It Means in Product Liability Cases By Theresa Mullineaux In March 2017, Missouri Governor Eric Greitens signed House Bill 153, which amended Mo. Rev. Stat. § 490.065, and effectively adopted Daubert standards for Missouri cases, effective in August 2017. As a result, Missouri now follows |
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Product Liability Monitor – September 8, 2017
By Husch Blackwell on
| September 8, 2017 |
| New Developments |
| The SELF DRIVE Act Motors Through Congress By Mark Pratzel On September 6, 2017 the House of Representatives unanimously passed H.R. 3388, also known as the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” also known as the “SELF DRIVE Act.” The broad, bipartisan support for this |
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Product Liability Monitor – July 14, 2017
By Husch Blackwell on
| July 14, 2017 |
| New Developments |
| Rats! Eco-Friendly Soy-Based Insulation Could Spell Trouble Down the Road By Sarah Rashid A new “eco-friendly” biodegradable material used to insulate wiring in newer cars could make for trouble — and lawsuits — down the road for car manufacturers. This insulation is made from soybeans, making it more environmentally friendly |
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Tyson Decision Delivers Narrow Lessons for, But No Knockout to, Class Actions
By Michael Klebanov on
Posted in Labor & Employment, Legislative & Judicial Updates
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.
For Whom the Bellwether Tolls: The Eighth Circuit Holds an Exemplar Trial May Qualify as a Civil Action to be ‘Tried Jointly’ Under CAFA
By Matt Diehr on
Posted in Legislative & Judicial Updates
Corporate clients defending class action lawsuits in state courts within the Eighth Circuit should take note of the recent decision Atwell v. Bos. Scientific Corp., 740 F.3d 1160 (8th Cir., 2013). One portion of the Class Action Fairness Act of 2005 allows for removal of “mass actions” from state court to federal court, often thought to be a more favorable venue for defendants in many instances.
NLRB’S D.R. Horton Decision Shot Down…Mostly
By Terry Potter on
Posted in Labor & Employment, Legislative & Judicial Updates
The long awaited decision by the Fifth Circuit regarding the NLRB’s D.R. Horton case issued this week in which the Court bypassed a number of jurisdictional issues and went straight to the heart of the matter. In sum, the Court found that the Board’s finding that a class action waiver in conjunction with a mandatory arbitration provision regarding employment claims was not, per se, a violation of the National Labor Relations Act.