After many years of battle, Whirlpool Corporation finds itself celebrating a favorable jury verdict in a class action lawsuit. A few weeks ago, a jury had the rare occasion to find for Whirlpool in Glazer v. Whirlpool Corp. (In re Whirlpool Corp. Front-Loading Washer Prods. Liability Litg.), No. 08-65000 (N.D. Ohio), one of several cases in which the company faces product liability allegations associated with mold growth in front-loading washing machines. The harsh reality for corporate defendants is that once a class is certified, the majority of cases settle because the ...
Last week, the U.S. Supreme Court denied Family Dollar Stores, Inc.’s petition for writ of certiorari seeking review of the Fourth Circuit’s decision in Scott, et. al. v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct., 16, 2013). The Fourth Circuit had overturned the District Court’s decision to deny plaintiff’s motion to amend its employment discrimination-based class action complaint on the grounds that “as a matter of law plaintiffs cannot satisfy the Rule 23(a) commonality requirement because the alleged gender discrimination was a result of 'subjective ...
The Fourth Circuit Court of Appeals identified two principles driving the potential certification of a class in employment discrimination cases in Scott, et. al. v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct., 16, 2013) that it believes are “readily derived” from Wal-Mart Stores v. Dukes, 131 S. Ct. 2541 (2011), but were misunderstood by the District Court when it denied plaintiffs an opportunity to amend their complaint to provide additional detail regarding allegations that Family Dollar exercised “centralized control of compensation for store managers at ...
Several opinions issued by the U.S. Supreme Court during the past few years have made it more difficult for plaintiffs to obtain class certification. Despite the hurdles erected by the Supreme Court’s recent opinion in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) which has been seen to raise the bar for establishing the commonality necessary to obtain class certification, and Comcast Corp. v. Behrend, 569 U.S. ___, 133 S. Ct. 1426 (2013) which addressed the class certification predominance requirement, cases like In re: Whirlpool Corp. Front-Loading Washer Products ...
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Companies are operating in an increasingly globalized and regulated business environment, facing ever-changing and complicated litigation and regulatory challenges. We provide cutting-edge information regarding developments in federal, North Carolina State, and international litigation, as well as in arbitration, regulatory enforcement, and related business practices.
MVA Litigation Blog Updates
- The FTC Votes to Ban Non-Compete Agreements
- In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine
- MVA team files amicus brief in the Supreme Court on the future of the Chevron Doctrine
- Tanisha Palvia and Alli Davidson co-author article: SCOTUS clarifies intent requirement for False Claims Act cases