Seventh Circuit Rejects Heightened “Ascertainability” Requirement in Class Actions – Part 2

Aug 3, 2015 By: Mark P. Chalos

This post focuses on the policy bases underlying the heightened ascertainability requirement of Mullins v. Direct Digital, LLC and why those bases do not justify the requirement.

Seventh Circuit Rejects Heightened “Ascertainability” Requirement in Class Actions – Part 1

Jul 31, 2015 By: Mark P. Chalos

The Seventh Circuit recently refused to adopt a heightened ascertainability standard that would effectively preclude certification of a wide variety of class actions – including many consumer class actions.

Voters Reject Unprecedented Efforts to Oust Tennessee Supreme Court Justices

Aug 11, 2014 By: Mark P. Chalos

Despite a well-funded and professionally organized campaign against them, three Tennessee Supreme Court Justices received overwhelming support from voters in winning the August 7, 2014 retention election

Efforts to Oust Tennessee Supreme Court Justices Raise Questions

Jul 30, 2014 By: Mark P. Chalos

Three of the state’s five Supreme Court justices are standing for retention election this year, which means voters can choose to “retain” or “replace” them.

Changing the Rules of the Game, Part II: Proposed Amendments to the Federal Civil Rules Potentially Shift Discovery Costs and Raise Bar for Awarding Sanctions When Evidence is Destroyed

Feb 5, 2014 By: Mark P. Chalos

The Advisory Committee on the Civil Rules is currently considering sweeping amendments  to the Federal Rules of Civil Procedure.  Although the proposed

Changing the Rules of the Game: The Proposed Amendments to Federal Civil Rules Seek to Add New Limits on Discovery

Jan 31, 2014 By: Mark P. Chalos

The Advisory Committee on the Civil Rules has proposed sweeping amendments to the Federal Rules of Civil Procedure that would impose new limits on discovery.

Recent Disasters Raise Questions of US Law

Jul 17, 2013 By: Mark P. Chalos

The recent Asiana Airlines plane crash in San Francisco and the deadly train derailment in Lac-Mégantic, Quebec, collectively killed more than 40 persons and injured hundreds more, and raise questions in U.S. law involving international parties.

Supreme Court Limits The Reach of Alien Tort Statute in Kiobel

Apr 18, 2013 By: Mark P. Chalos

In its long-awaited ruling in Kiobel v. Royal Dutch Petroleum Co., a five-justice majority of the Supreme Court announced that the 200 year-old Alien Tort Statute (ATS) presumptively does not apply to conduct occurring outside of the United States.

Standard Fire: Supreme Court Re-affirms Basic Principles and Leaves Questions Unanswered

Apr 3, 2013 By: Mark P. Chalos

Although the holding of the Supreme Court’s unanimous opinion in Standard Fire Insurance Co. v. Knowles is clear, the Court left significant practical questions for lower courts to determine.

The Rise of Bellwether Trials

Mar 14, 2013 By: Mark P. Chalos

As centralized litigation becomes more prevalent, litigants and courts continue to explore creative methods for managing and resolving claims. One such method is the use of bellwether trials – trials of selected representative cases.

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