Tag Archives: Smith v. Bayer

Decertification Likely Has Binding Effect, But Can Defendants Give a Denial of Certification the Same Effect?

A recent opinion by the Western District of Pennsylvania reminded me of an interesting wrinkle of class action law:  the decertification of a class that was previously certified typically has binding impact on the class members, preventing further attempts to seek certification of the same or a similar proposed class.  But as we know from … Continue Reading

Article on Insurance Impact of 2011 Supreme Court Decisions on Class Actions

An article I wrote entitled “The Supreme Court’s 2011 Class Action Decisions: Their Impact on Insurance Class Actions” was recently published as part of New Appleman on Insurance:  Critical Issues in Insurance Law.  There is a synopsis of the article and link to it on LexisNexis’s Insurance Law Community blog.  I welcome comments, questions and … Continue Reading

Seventh Circuit Injunction Against Repetitive Class Action Remanded For Reconsideration In Light Of Smith v. Bayer

On the final day of the Supreme Court term, the Court vacated and remanded the Seventh Circuit’s decision in Thorogood v. Sears, Roebuck & Co. for reconsideration in light of the Court’s opinion in Smith v. Bayer Corp. (see my blog post on Smith).  In Thorogood, the Seventh Circuit, after previously ruling that class certification … Continue Reading