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Can Defendants in a Securities Fraud Case Still Attempt to Defeat Class Certification by Presenting Evidence to Rebut a Presumption of Reliance?

April 18, 2013

The Supreme Court’s recent decision in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. ___, 133 S….

Pennsylvania Supreme Court Reinstates Decertification of “Rapid Refund” Claims, Citing “The Inherently Discrete and Subjective Aspects of Marketing and Customer-Relations Impact”

October 4, 2012

On September 7, 2012, the Pennsylvania Supreme Court effectively ended a 19-year effort to litigate state-law claims arising from H…

Third Circuit Defines FLSA Plaintiffs’ “Second-Stage” Burden of Proof for Collective Action Certification

September 12, 2012

Although collective actions under the federal Fair Labor Standards Act have been around for decades, the federal appellate courts have…

Third Circuit Vacates Certification in Class Action Involving Defective Tires

August 14, 2012

Last week, the United States Court of Appeals for the Third Circuit issued an important decision clarifying the proof needed…

Third Circuit Rejects Division of Settlement Class Into Two Groups Because Group Receiving Lesser Benefits Not Adequately Represented

June 13, 2012

On May 31, 2012, the Third Circuit reversed the certification of a settlement class of Volkswagen and Audi owners because…

New Jersey Federal Court Denies Class Certification in Cracked Screen Case

April 11, 2012

Last month, New Jersey federal Judge Anne Thompson denied class certification in a proposed class action lawsuit involving cracked screens…

Third Circuit Affirms Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts

February 3, 2012

Last week, the U.S. Court of Appeals for the Third Circuit issued an important decision making clear that a defendant…

Proposed Amendments to New Jersey’s Consumer Fraud Act Could Rein In Class Actions Against New Jersey Businesses

August 17, 2011

As many courts have recognized, New Jersey’s Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. (“NJCFA”), is one of the strongest…

Montgomery McCracken Secures Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts

February 22, 2011

Rejecting a claim that printing a credit card’s month of expiration-but not the year-on a sales receipt violates federal law,…

Third Circuit Vacates Approval of Class Action Settlement Because Factual Record On Fairness Was Inadequate

December 22, 2010

A new Third Circuit decision makes clear that the standards for a “fair, reasonable, and adequate” settlement under Federal Rule…

Third Circuit Rejects Settlement Class Certification Because District Court Conducted an Unnecessary Merits Inquiry in Addressing the Adequacy of the Named Plaintiffs

December 16, 2010

The Third Circuit’s landmark decision in In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3d Cir. 2008), put that…

Third Circuit Rejects “Fraud Created The Market” As Basis For Class Certification

November 1, 2010

In a case of first impression for the Court, the Third Circuit has rejected the so-called “fraud-created-the-market” theory as a…

En Banc Third Circuit to Review Challenge to Nationwide

October 6, 2010

The Third Circuit has granted rehearing en banc in a case that could clarify the standards for certifying settlement classes…