May 2007

 

Federal Circuits Split on Proper Class Certification Standards

How far may courts go at certification stage?
Two appellate decisions in enormous class actions have highlighted an implied split among the federal courts of appeals over the extent to which courts should “look behind the pleadings” to resolve factual disputes, or expert witness disputes, when deciding whether to certify plaintiff classes.

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Supreme Court Vacates Philip Morris Punitive Damages Award

Court, however, declines to embrace a specific test, leaves many questions unanswered
The U.S. Supreme Court has vacated a $79.5 million punitive damages award against a tobacco company, expanding on its punitive damages jurisprudence but leaving many questions unanswered.

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New Jersey Upholds Privacy Rights in Internet Accounts

Other states take less expansive view of privacy rights
The Appellate Division of the New Jersey Superior Court has held that the New Jersey Constitution protects individuals from unfettered government access to personal information that the individuals provide to Internet service providers.

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