Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which provided for the distribution of remaining settlement funds, after individual distributions were made to claimants and costs and attorneys’ … 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

Supreme Court to Review Class-Wide Proof of Damages in Comcast

By Casie Collignon on June 28, 2012 Posted in Antitrust, Class Certification

Disputes over common class-wide evidence of both the existence and amount of damages are at the heart of most class action cases, regardless of the context. On June 25, 2012, the United States Supreme Court granted certiorari in an antitrust class action that may address those very issues. In Comcast Corp. v. Behrend, No. 11-864, … Continue Reading