Case Note

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Third Circuit Clarifies Ascertainability Standard for Class Actions

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Autumn 2015 | Volume 99 Number 2

Third Circuit Clarifies Ascertainability Standard for Class Actions In Byrd v. Aaron’s, Inc. (Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015)), the U.S. Court of Appeals for the Third […]

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Second Circuit Distinguishes Abandonment from Default in Summary Judgment

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Summer 2015 | Volume 99 Number 1

In Jackson v. Federal Express, 766 F.3d 189 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit addressed a twist on the rule — now codified in Civil […]

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GM MDL Raises Questions About Fiduciary Duty

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Summer 2016 | Volume 100 Number 2

In 2014, General Motors (GM) recalled at least 30 million cars worldwide for problems related to faulty ignition switches that could unexpectedly shut the engine off and prevent the airbags […]

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Labrier an example of new proportionality rules at work

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Autumn 2016 | Volume 100 Number 3

In December 2015, the amendments to Federal Rule of Civil Procedure 26(b) took effect. These amendments, highlighted in Judicature’s Winter 2015 issue, moved the proportionality provisions from Rule 26(b)(2)(C)(iii), as a limit on discovery, […]

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Cain questions court funding, highlights best practices for proportionality

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Spring 2017 | Volume 101 Number 1

Cain v. City of New Orleans (15-cv-04479) brings into sharp relief issues threatening the judiciary’s legitimacy, while simultaneously providing a procedural roadmap applying the 2015 discovery-proportionality amendments — themes highlighted […]

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Seven Supreme Court Cases to Watch

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Winter 2017 | Volume 101 Number 4

Justice Neil Gorsuch began his first full term on the Supreme Court this past October, with court-watchers anticipating which cases the Supreme Court will take and how Justice Gorsuch will […]

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