Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Federal Rule of Civil Procedure

Will Settling Class Actions Get More Difficult in 2019?

Consumer advocates, defense attorneys, tort reformists, and trial judges are all eagerly awaiting a decision by the Ninth Circuit which all hope will clarify the process for certifying a nationwide settlement class in the Ninth Circuit. Specifically, an en banc Ninth Circuit panel will decide whether “variations in state law can defeat” predominance in class … Continue Reading

Too Late To Ask the Court to Retain Jurisdiction to Enforce a Settlement Agreement?

Imagine this scenario: after years of litigation in federal court, your client reaches a settlement agreement with the opposing party. The lawsuit is dismissed pursuant to the settlement agreement and Federal Rule of Civil Procedure 41(a)(1). When the opposing party breaches the settlement agreement, you promptly file a motion to compel enforcement – only to … Continue Reading
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