An Upside-Down Class Certification Decision

May 10, 2017

In a recent decision, the Court of Appeals for the Seventh Circuit upended its usual approach for class actions, deciding the merits of the claims before resolving class certification. This decision is a departure from Rule 23(c)(1) — which calls

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A Groundbreaking Class Action on Climate Change

December 26, 2016

  Every now and then I stumble upon a lawsuit that is like nothing I’ve ever seen before. The latest example is a class action pending in Oregon under the caption Juliana v. United States (D. Oregon, 15-cv-1517). The Plaintiffs

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A Breakthrough Ruling on Employment Arbitration

June 01, 2016

The Seventh Circuit’s recent opinion in Lewis v. Epic Systems Corp.[1] is one of the most important recent decisions regarding class action waivers and employment arbitration. But the story may still be unfolding. The Lewis case arose when a company (Epic)

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Know The Territory

December 23, 2015

In the opening song in Meredith Wilson’s musical, The Music Man, we learn the key to success for a travelling salesman. “You Gotta Know the Territory,” an experienced salesman advises. Know the Territory. That’s a key to lawyering sometimes, too.

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Defying the Rule of Law

August 27, 2015

During a White House Press Conference in 1958, President Dwight Eisenhower explained why he sent the military to Little Rock when local officials defied court orders on desegregation: “There is no person in this room whose basic rights are not

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Guidance for Damages Issues in Class Cases

June 02, 2015

How should trial courts deal with challenges to damages models in class actions? The Seventh Circuit recently suggested a burden-shifting approach, in a recent opinion involving loss causation in a securities fraud case. Glickenhaus & Co. v. Household Int’l Inc.,

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A Fish Story

February 27, 2015

In the timeless words of Dr. Seuss, “From there to here, from here to there, funny things are everywhere.”[1] On February 25, 2015, the United States Supreme Court decided Yates v. United States,[2] a case about evidence destruction and the

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Simplifying with Cutti and Rule 701

November 11, 2014

Last month, the Supreme Court decided not to review a decision involving lay witness opinion testimony. The case – Cuti v. United States, 720 F.3d 453 (2nd Cir. 2013) – may be valuable for anyone who is involved in complex

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Following the Proof, Post-Wal-Mart

August 18, 2014

In the three years since the Supreme Court issued its decision in Wal-Mart Stores Inc. v. Dukes, 131 S.Ct. 2541 (2011), lawyers representing workers in class actions have faced a recurring theme from defendants: employers point to the Wal-Mart decision

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Court Calls for More

June 12, 2014

Our Court of Appeals in Chicago continues to push for more, from advocates and trial judges. More evidence, more facts, more data, and more non-legal research. When the judges in the Seventh Circuit do not find answers in the record,

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