Tag Archives: amgen

No Supreme Court Review of Moldy Washer Cases

Earlier today, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly defective washing machines. The denial of cert in Butler v. Sears, Roebuck & Co., Nos. 11-8029, 12-8030 (7th Cir., Aug. 22, … Continue Reading

Basic Is Anything But: Courts Continue to Wrangle with the Fraud-on-the-Market Presumption

By Jessie M. Gabriel on September 30, 2013 Posted in Class Action Trends, Predominance, Rule 23 Requirements, Securities

Co-authors: Mark Kornfeld and Deborah Renner Editors’ Note: This post has also been published as a BakerHostetler Client Alert. It has been 25 years since the Supreme Court announced the fraud-on-the-market presumption of reliance in Basic Inc. v. Levinson, 485 U.S. 224 (1988). Yet many courts, including the Supreme Court itself, continue to struggle in … Continue Reading

Sixth Circuit Reaffirms Certification of Defective Washing Machine Class on Remand From Supreme Court

By Mark Johnson on July 21, 2013 Posted in Class Action Trends, Class Certification, Commonality, Predominance, Typicality

Co-author: Rand McClellan Editors’ Note: This post is also a Baker Class Action Alert. In a closely watched decision after remand by the Supreme Court, on July 18, 2013, the Sixth Circuit Court of Appeals upheld for a second time the class certification order in In re Whirlpool Front-Loading Washer Prods. Liab. Litig. (“Whirlpool II”) … Continue Reading

A Big Week for the Securities Bar: Amgen and Gabelli

By Deborah Renner on March 13, 2013 Posted in Class Certification, Commonality, Injunctions, Practice Pointers, Predominance, Securities

Co-authored by: Marc D. Powers, Mark A. Kornfeld, and Jessie M Gabriel Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team and BakerHostetler’s Class Action Team. The Supreme Court last week issued two opinions of major importance to the securities bar. In Amgen Inc. v. Connecticut Retirement … Continue Reading

Materiality Can Wait, Says the Supreme Court in Amgen

By Paul Karlsgodt on February 27, 2013 Posted in Class Certification, Securities

The following post is reprinted with permission from Paul Karlsgodt’s blog, www.classactionblawg.com. Stay tuned over the coming days for more in-depth analysis of the Amgen decision and its potential implications for securities class actions and class actions more generally. The Supreme Court has issued its opinion in one of the most highly anticipated class action-related cases on … Continue Reading

Amgen Argument Points Up Split in Supreme Court on Class Certification Versus Merits Issues

By Deborah Renner on November 30, 2012 Posted in Class Action Trends, Securities

On November 5, 2012, the U.S. Supreme Court heard argument in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 1085, a securities class action, that concerned the ongoing question of what evidence is required at the class certification stage of a case as opposed to the merits phase of a case. (See our blog … Continue Reading

Third Circuit Vacates Certification in Run-Flat Tires Case

By Deborah Renner on August 13, 2012 Posted in Class Action Trends, Class Certification, Numerosity, Predominance, Rule 23 Requirements

In a case that illustrates the growing trend in class certification law to rigorously evaluate a plaintiff’s contentions that he or she meets the Rule 23 class certification criteria, the Third Circuit vacated the New Jersey District Court’s certification of a class involving run-flat tires (“RFTs”). In Marcus v. BMW, Nos. 11-1192, 11-1193, slip op. (3d … Continue Reading

Is “Materiality” a Class Certification or Merits Issue?

By Patrick T. Lewis on July 12, 2012 Posted in Class Action Trends, Class Certification, Securities

Contributing Author: Taylor Jackson The Supreme Court agreed last month to hear an appeal from a Ninth Circuit case, Conn. Retirement Plans & Trust Funds v. Amgen, Inc., 660 F.3d 1170 (9th Cir. 2011), that affirmed an order certifying a securities fraud class based on the fraud-on-the-market theory. Plaintiffs alleged Amgen misrepresented the safety of … Continue Reading