The Eighth U.S. Circuit Court of Appeals recently decertified a class of more than 11,000 plaintiffs in the Silzone heart valve litigation on the basis that individual questions regarding causation would predominate over any common issues related to the truth or falsity of the alleged misrepresentations.
It had to happen. While many in front of and behind the political scenes have fought the concept of same-sex marriage, the well-established principles of full faith and credit or comity make it inevitable that same-sex marriage and the concomitant right of those couples to divorce would be somehow recognized in New York.
In a pair of workplace discrimination cases, the Supreme Court on May 27 made it easier for workers to sue employers who retaliate against them for reporting bias.
Federal district courts have recently denied class certification in instances in which the plaintiffs sought medical monitoring, citing causation issues better addressed on an individual basis.
This is the second in a series of articles discussing how in-house counsel can better manage litigation matters.
In a closely watched case arising under the Employee Retirement Income Security Act of 1974, as amended ('ERISA'), the U.S. Supreme Court recently clarified the right of employees to sue plan fiduciaries for mismanaging their individual 401(k) accounts. LaRue v. DeWolff, Boberg & Associates, Inc., 128 S. Ct. 467, 42 EBC 2857 (2008)
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