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• Terazosin Hydrochloride Antitrust Litigation ( March 2004 )
  Roger L. Cook of Townsend and Townsend and Crew LLP

  In what has become known as the Hytrin generic drug patent antitrust litigation, the 11th Circuit recently vacated certification of the class because of the potential for significant conflict among class members. Specifically, the court held that wholesaler purchasers of Hytrin who experienced a net benefit from the allegedly illegal conduct could not be joined in a single class with those who had been harmed.

• Complex Litigation: Courts Are Closing The Door to the Expanding Availability of Class Status ( September 2003 )
  Rosemary J. Bruno and Steven J. Santarsiero of Buchanan Ingersoll & Rooney PC

  Recent rulings in New Jersey state and federal courts suggest that Federal Rule of Civil Procedure 23 (b)(2) will not provide an easier route to class action status than Fed. R. Civ. P. 23(b)(3). These courts are enforcing express and implied limits to the availability of (b)(2) certification.

• Class Actions and Collateral Estoppel ( July 2003 )
  Rebecca  Alfert of Wildman, Harrold, Allen & Dixon LLP

  On June 20, 2003, the Seventh Circuit issued the most comprehensive opinion to date enjoining named and unnamed class members, and their counsel, from pursuing class certification in any other court based on a prior class certification denial.

• The Future of Property Contamination Class Actions ( March 2003 )
  Brent R. Austin and Rebecca  Alfert of Wildman, Harrold, Allen & Dixon LLP

  While the contours of class action jurisprudence relating to personal injury product liability actions are well known, the record is somewhat less so for property contamination cases. A recent decision from the Southern District of Florida - Jacobs v. Osmose, ___ F. Supp.2d ___, 2003 WL 1060155 (S.D. Fla. February 25, 2003) - is a significant contribution to that record and helps further define the line of demarcation for proposed classes that satisfy Rule 23 and those that do not.

• Representative Actions: Access to Justice? ( February 2003 )
  Laurel J. Harbour and Vivian W. Addam of Shook, Hardy & Bacon L.L.P.

  Over the last six years the United States Congress, the U.S. Advisory Committee on the Civil Rules and the U.S. federal courts have tried to rein in some of the worst abuses of American class actions. In 1995, Congress passed the Private Securities Litigation Reform Act, which addressed problems with class actions claiming securities violations.

• Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules ( September 2002 )
  Robert J Niemic of Federal Judicial Center, Information Service

  The Class Action Subcommittee of the Advisory Committee on Civil Rules asked the Federal Judicial Center to examine the impact, if any, of the Supreme Court decisions in Amchem and Ortiz on the rate at which plaintiffs file class actions in federal courts.

• Class Certification Denied In $8 Billion Mold Case ( August 2001 )
  Pillsbury Winthrop Shaw Pittman LLP

  A trial court in New York denied class certification of 495 plaintiffs who claimed personal injuries and trauma allegedly caused by exposure to mold. This summary reviews the arguments and strategy used in the trial. The case is Davis v. Henry Phipps Plaza South No. 116331 N.Y.Sup. N.Y.Co..

• Litigation Issues: What is a Class Action? ( October 2000 )
  John  Mercy of Mercy, Carter, Tidwell

  Introduction Class action litigation is at the cutting edge of our legal system. A number of prominent cases have.

• The Future of Mass Tort Class Action Litigation After Amchem Products, Inc. V. Windsor ( November 1997 )
  Deborah M. Russell and Robert L. Hodges of McGuireWoods, LLP

  This article discusses the Amchem Products, Inc. v. Windsor decision and how this decision has impacted the class certification of mass tort cases.