Class Action

Federal Class Action Rule Under Construction - Podcast

Litigation Practice Group Podcast
Brian T. Fitzpatrick, Mary Massaron September 30, 2015

The federal rulemakers have begun a wholesale reexamination of the rule on class actions, Federal Rule of Civil Procedure 23. Both the plaintiffs' bar and the defense bar have proposed significant changes. During this Teleforum, we discussed some of these proposals and explained where the rulemaking process is at the present time and how you can get involved to make your views known.


  • Prof. Brian Fitzpatrick, Professor of Law, Vanderbilt University Law School
  • Mary Massaron, Partner, Plunkett Cooney

Class Action Cases: The Term Ahead - Podcast

Litigation Practice Group Podcast
Warren Postman September 29, 2015

Class action litigation will be front and center at the Supreme Court this Term, with three potentially landmark cases—Spokeo v. Robins, Tyson Foods v. Bouaphakeo, and Campbell-Ewald v. Gomez—having been scheduled for argument in the fall. The Supreme Court will also soon consider several petitions for certiorari that raise additional class action issues over which the lower courts are divided. Warren Postman, Associate Chief Counsel at the U.S. Chamber Litigation Center, discussed the issues raised in these cases and their potential impact on class action litigation.


  • Mr. Warren Postman, Associate Chief Counsel for Litigation, U.S. Chamber of Commerce

The Rise of “Empty Suit” Litigation™: Where Should Tort Law Draw The Line? - Podcast

Litigation Practice Group Podcast
Victor E. Schwartz September 10, 2015

In The Rise of “Empty Suit” Litigation™: Where Should Tort Law Draw The Line?, Victor E. Schwartz discusses the need to stop all litigation where an individual or class action plaintiff has suffered no real harm, physical, emotional or economic. In his article, Schwartz criticizes finding liability for the estimated cost of medical monitoring following exposure to a potentially harmful substance absent a physical injury. He also examines class action litigation claiming that a product’s actual value was lower than the purchase price, or that the resale value of a product diminished because of an alleged latent defect, even when the product functioned properly for most or all consumers. Of course, he also addresses both individual claims where there has been no real injury, or economic loss and class actions that rely on speculative or expert-driven theories of harm or damages. Mr. Schwartz explained his article in greater depth and answered questions from our audience.


  • Victor E. Schwartz, Partner, Shook, Hardy & Bacon L.L.P.

Food Labeling: Genetically Modified Organisms - Podcast

Litigation Practice Group Podcast
Stephen Gardner, Kenneth K. Lee May 18, 2015

There has been a recent surge in consumer class action lawsuits challenging "all natural" labels found in food products. In particular, many lawsuits have targeted "all natural" food products that have ingredients made from so-called Genetically Modified Organisms (GMOs). Plaintiffs have argued that these food products cannot be labeled as "all natural" because GMOs are not natural. This Teleforum provided a background on "all natural" labeling and GMOs and offered a discussion on recent case law and trends in this still-developing area of law.

  • Stephen Gardner, Of Counsel, Stanly Law Group
  • Kenneth K. Lee, Partner, Jenner and Block

“I Object!”: Class Action Lawsuit Settlements - Podcast

Litigation Practice Group Podcast
Jonathan R. Macey, Gerald Walpin April 01, 2015

Are shareholder lawsuits, filed in opposition to proposed corporate mergers or asset acquisitions, on the rise and, even if so, does that indicate a problem? Does the fact that most such lawsuits are quickly settled indicate they have underlying merit? Who are the winners and losers in such lawsuits, and are the interest of shareholders generally served by such lawsuits? How are attorney’s fees calculated? Assuming something is amiss, is there a remedy? Is the opportunity for intervention by an objector useful?

  • Prof. Jonathan R. Macey, Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
  • Hon. Gerald Walpin, former Inspector General, Corporation for National and Community Service, former Chief of Prosecutions, Office of the United States Attorney, Southern District of New York