Shook, Hardy & Bacon has long been recognized as one of the premier litigation firms in the country. For more than a century, the firm has defended companies in their most substantial national and international products liability, mass tort and complex litigation matters.
The firm has leveraged its complex product liability litigation expertise to expand into several other practice areas and advance its mission of “being the best in the world at providing creative and practical solutions at unsurpassed value.” As a result, the firm has built nationally recognized practices in areas such as intellectual property, environmental and toxic tort, employment litigation, commercial litigation, government enforcement and compliance, and public policy.
The Ninth Circuit and Tenth Circuit have issued significant rulings on class action procedures, addressing critical questions about notice requirements for damage awards, the administrative feasibility standard for class definitions, and the application of American Pipe tolling principles when class certification is denied. These decisions provide important guidance for practitioners navigating the complexities of class action litigation and the protection of putative class member rights.
within Antitrust/Competition Law, Criminal Law and Intellectual Property topic(s)
with readers working within the Environment & Waste Management industries
Highlights from this issue include:
Class Notice. The Ninth Circuit rejected an argument that the district court should not have let a jury award damages for class members who did not receive notice. Notice was mailed to 5,105 class members but 856 were returned as undeliverable.
Class Definitions and Administrative Feasibility. The Tenth Circuit reiterated that there is no “administrative feasibility” requirement. A class definition must only (1) be defined clearly and not too vaguely and (2) be defined objectively and not based on subjective criteria.
American Pipe tolling. The Ninth Circuit predicted the Washington Supreme Court would toll putative class members claims under American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974). Under the principles of American Pipe, if class certification is ultimately denied, the statute of limitations of the claims of putative class members begins to run on the day class certification was denied.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
