Monthly Archives: April 2017
Class Certification Run Amuck
The concept of class action lawsuits was based on noble intentions – allowing a group of similarly aggrieved claimants to take legal action against the same defendants in a single case. This was meant to improve the efficiency of the civil justice system by having a single class action lawsuit, as opposed to potentially… Read More »
Alternative Design in Product Liability Claims
If a plaintiff alleges a consumer product harmed them, they have to clear some legal hurdles to prevail in a product liability lawsuit. In Texas, when a plaintiff alleges a product harmed them due to a defective design, they must prove that the product, as designed, was unsafe and: A less dangerous alternative design… Read More »
Settlement Offers Do Not Moot Class Action Lawsuits
In Campbell-Ewald Co. v. Gomez, the U.S. Supreme Court addressed the issue of whether an offer of judgment under Federal Rule of Civil Procedure 68 made to a lead plaintiff in a class action lawsuit, in addition to a separate free-standing settlement offer in the same amount, renders a class action lawsuit moot. The… Read More »