April 15, 2016

SCOTUS on Tyson Foods: A sea change in class action litigation, or much ado about nothing?

Case: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 2016 WL 1092414 (U.S. Mar. 22, 2016) The U.S. Supreme Court has declined to place further limits on representative evidence admissible in class action cases or to address the issue of whether class action plaintiffs must demonstrate that uninjured class members will not receive…

April 15, 2016

Changes to the Federal Rules of Civil Procedure

Late last year, significant changes to the Federal Rules of Civil Procedure inserted a new consideration for courts when deciding the proper scope of discovery. Gone is the familiar test of “reasonably calculated to lead to the discovery of admissible evidence.” In its place is a requirement of proportionality “to…