Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorKickerFeaturesSectionsNewsLJN Newsletters

The Tyson Foods Ruling

By Pablo Orozco

The Supreme Court's recent decision in Bouaphakeo v. Tyson Foods, 577 U.S. ' (2016) was decidedly not the sweeping ruling many practitioners anticipated. Nevertheless, the decision provided useful guidance for class-action litigants regarding the proper use of representative evidence ' i.e., that which requires the trier of fact to draw conclusions about one subset of the class, or even an individual putative class member, based on an analysis of a different part of the class. Likewise, the decision afforded litigants an interesting glimpse into the Court's disposition regarding certification where, by definition, the class includes unharmed members.

With respect to representative evidence, Bouaphakeo marks a clear departure from the recent trend of Supreme Court jurisprudence that tightened class-certification standards. While the Court was reluctant to endorse any hard and fast rules that manifestly favor employees or employers, the Bouaphakeo decision arguably softened the strict stance articulated by Justice Scalia just five years earlier in Dukes v. Wal-Mart. With respect to uninjured class members, Chief Justice Roberts' concurrence provides defendants with a possible roadmap to certification challenges.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.