Robert J. Tucker

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Global Fitness Not in Shape to Pay Fees and Expenses, Held in Contempt for Failing to Comply with Final Approval Order

By Robert J. Tucker on September 26, 2017 Posted in Settlements

Last month, Global Fitness Holdings LLC and its four managers were held in civil contempt for failure to comply with a final order approving a class action settlement. Gascho v. Global Fitness Holdings, LLC, S.D. Ohio No. 2:11-cv-436 (Aug. 8, 2017). Global Fitness entered into a class action settlement resolving claims that it had engaged … Continue Reading

Third Circuit Sets Framework for Numerosity Requirement

By Robert J. Tucker on September 14, 2016 Posted in Class Action Trends

Yesterday, in In re Modafinil Antitrust Litig., 3d Cir. No. 15-3475 the Third Circuit provided a framework for analyzing the oft-overlooked numerosity requirement of Rule 23(a)(1).. The court’s decision both clarified and seemingly bolstered the numerosity threshold. The district court had certified a class of 22 direct purchasers of the drug Provigil that alleged a … Continue Reading

Status of Pay-for-Delay Cases Nearly Two Years After Actavis – “It ain’t over ’til it’s over.”

By Robert J. Tucker on May 18, 2015 Posted in Antitrust

Nearly two years ago the Supreme Court issued its opinion in FTC v. Actavis, 133 S. Ct. 2223 (2013), holding that a reverse payment made by a brand manufacturer to a generic manufacturer to resolve pending patent litigation could satisfy a violation of the Sherman Antitrust Act. In adopting a “rule of reason” test and … Continue Reading

Class Action Settlements — Res Judicata or Not?

By Robert J. Tucker on August 7, 2012 Posted in Civil Procedure, Class Certification

Co-authored by: Rodger Eckelberry Defendants settle class actions, in large part, to buy peace. Without res judicata to bar future claims from the class members, a defendant is not getting what it pays for. However, as two recent circuit court decisions demonstrate, class members can still try to collaterally attack a class settlement judgment on … Continue Reading