Ascertainability Challenge Remains a Viable Weapon in Defendants’ Arsenals

November 11, 2014

The district court for the Northern District of Illinois recently denied plaintiff’s motion for class certification in Langendorf v. Skinnygirl Cocktails (2014 WL 5487670), calling attention to the ascertainability requirement that plaintiffs must meet in order to certify a class. My colleague Isabella Lacayo has previously written on ascertainability, explaining that while it is not a requirement that’s explicitly discussed in […]

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UPDATED! – Outcome of Fracking Fight Could Have Texas-Size Implications

November 4, 2014

As reported in The Wall Street Journal, there is a fight brewing today in Denton, Texas — a fight over fracking.  Yes, voters in this City of about 123,000 people at the north end of the Dallas–Fort Worth metroplex — which sits on top of the Barnett Shale — are heading to the polls today to vote […]

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Canadian Government Unveils New Reg For Unattended Trains, Mirroring U.S. Order

November 3, 2014

Moving full speed ahead with its increased review and regulation of rail transport, the Canadian government released an emergency directive that requires additional safety measures for unattended trains.  For the first time, the directive includes specific requirements for the minimum number of handbrakes that must be set on unattended trains, based on the train’s tonnage and […]

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Despite Whirlpool’s Victory At Trial, Earlier Order Denying Decertification Raises Questions About Dukes/Comcast Impact

October 31, 2014

Over the past two years, we have kept a close eye on Whirlpool v. Glazer and have updated you on its controversial plaintiff-friendly class certification developments in the wake of Dukes and Comcast—two cases that appeared to raise the bar for plaintiffs attempting to certify a class.  Long story short: plaintiffs brought a class action […]

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Where’s The Beef? Neighbors Not COOL With U.S. Meat-Labeling Regulations

October 27, 2014

The United States’ controversial meat labeling regulations, which have been struck down by World Trade Organization (WTO) panels three times in three years, are continuing to cause serious problems with its neighbors to the North and South. Top trade officials from Canada and Mexico issued a joint statement this week urging repeal of the regulations, […]

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