class action litigation

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By Andrew Perellis and Ilana Morady

The Supreme Court’s ruling in Dukes v. Wal-Mart Stores, Inc., 2011 U.S. LEXIS 4567 (U.S. 2011), continues to have ramifications beyond labor and employment cases. In order for a plaintiff to proceed with a class action, the representative class must share common issues of causation or liability, known as the cohesiveness element of…

Continue Reading Supreme Court’s Tightening of Class Action Standards in Dukes Relied on by Third Circuit to Defeat Proposed Medical Monitoring and Toxic Tort Class

By William Dugan and Jennifer Riley

In one of the first court opinions applying Dukes v. Wal-Mart Stores, Inc, 2011 U.S. LEXIS 4567 (U.S. 2011), a Michigan state court ruled in Henry v. Dow Chemical Co., Case No. 03-47775 (Saginaw County, Mich.), that plaintiffs could not certify a class of property owners accusing Dow Chemical of negligently releasing

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Continue Reading Michigan State Court Issues One Of The First Opinions Applying Dukes In A Non-Employment Class Action Setting