Douglas Richards

Private Enforcement in the US: An overview of leading cases

The US District Court for Western District highlights the unique damages theory, which requires plaintiffs to “show that the method of calculating damages measures ‘only those damages attributable to that theory' of injury asserted by the plaintiffs (Barfield/Sho-Me Power)

The US District Court for the Eastern District of Tennesse denies motion to dismiss in antitrust case brought against drug makers (Skelaxin -Metaxalone- Antitrust Litigation)

The US Court of Appeals for the 3rd Circuit vacates class certification order on ascertainability grounds in consumer false advertising case (Carerra/Bayer)

The US Court of Appelas for the Sixth Circuit Sixth Circuit affirms class certification even for members whose product did not manifest the alleged defect (Whirlpool Litigation)

The US Northern District of New York denies class certification due to individualized damage calculations (Roach/TL Cannon)

The US Eastern District of Michigan certifies a class for liability only (Miri/Dillon)

The US Court of Appeals for the 9th Circuit reverses a federal district court's denial of class certification (Levya/Medline Industries)

The US Supreme Court applies class certification's rigorous analysis also to causation and damages (Comcast / Behrend)

The US Supreme Court holds that proof of materiality is not a prerequisite to certification of a securities-fraud class action (Amgen/Connecticut Retirement Plans & Trust Funds)