Archives: Civil Litigation

Broiler chicken antitrust litigation gains momentum

By Porter Wright on July 3, 2019

As millions of Americans contemplate whether to fry, smoke or barbeque their chicken over the upcoming 4th of July holiday, the antitrust class action against our nation’s largest chicken producers—In Re Broiler Chicken Antitrust Litigation, No. 16-cv-8637—took a significant turn this past week, when the U.S. Department of Justice formally intervened in the multi-district private … Continue Reading

Representative evidence – Good, bad? The Supreme Court speaks

By Jay L. Levine on April 20, 2016

As we’ve reported previously, Tyson was challenging the certification of a class of employees who sued for unpaid time related to donning and doffing protective gear. Jay discusses the implications of the Supreme Court’s allowance of representative evidence to prove classwide liability and how the Court’s ruling may (or may not) impact future class actions.… Continue Reading

Supreme Court refuses to deny use of “representative evidence” to certify a class

By Jay L. Levine and Porter Wright on March 31, 2016

Faced with what defense lawyers hoped would be another arrow in their quiver to fight class certification, the Supreme Court refused to slam the door on the use of “representative evidence” in proving predominance under Federal Rule of Civil Procedure 23(b)(3). Instead it held that, in certain cases, “representative evidence” – evidence representative of a … Continue Reading

Avoiding data disclosures mid-litigation: a lesson from the U.S. Women’s National Soccer Team

By Porter Wright on February 11, 2016

Have you ever wanted to email Abby Wambach or Alex Morgan on their personal email accounts? If so, then last week may have been your lucky week. According to a recent report by the New York Times, the United States Soccer Federation (US Soccer) filed an unredacted complaint in its labor litigation against the US Women’s … Continue Reading

Is the use of statistical averages appropriate when certifying a Rule 23(b)(3) damages class?

By Jay L. Levine and Porter Wright on November 11, 2015

Tyson Foods, Inc. v. Bouaphakeo is the latest in a series of cases to go before the Supreme Court on issues pertaining to the proper adjudication of class actions. Oral argument was heard on Nov. 10 and Jay and Porter Wright colleague Jetta Sandin attended. In this podcast, they share their impressions of how the … Continue Reading

Lawyers: In a class of their own

By Porter Wright on August 19, 2015

Ever wonder how many lawyers can fit into one courtroom? Judge Catherine Perry of the U.S. District Court of the Eastern District of Missouri just may find out. On July 14, Judge Perry granted a motion to certify a class made up of lawyers in Downing v. Goldman Phipps PLLC.[1] Although plaintiffs have not made … Continue Reading

Managing post-data breach litigation just got harder

By Jay L. Levine on August 12, 2015

Data breaches are messy stuff, no doubt about that. They consume a huge amount of corporate resources, damage a company’s goodwill and can cost a lot of money. No real news there. And while the technological challenges in preventing, and responding to, data breaches are ever-changing – fueling the booming cybersecurity industry – the corporate … Continue Reading