Ninth Circuit Holds That District Court Must Weigh Evidence to Determine Rule 23(b) Predominance

By Greg Mersol on May 4, 2021 Posted in Antitrust

While statistical evidence has long been held to be probative on the issue of potential discrimination, it can also be tricky. Questions often abound regarding the collection of data used for statistical comparisons, the methodology used and the treatment of results. A recent decision from the Ninth Circuit holds that a district court cannot ignore … Continue Reading

Texas District Court Refuses to Certify Class of Nurses in Wage Antitrust Case

By Greg Mersol on January 24, 2019 Posted in Class Action Litigation, Wage and Hour

Expert’s Report Didn’t Adequately Explain Causation While antitrust cases are often good candidates for class action treatment, it is still important for the plaintiffs to demonstrate a connection between the alleged anti-competitive conduct and the alleged harm, as a recent case from the Western District of Texas found. In Maderazo v. VHS San Antonio Partners, … Continue Reading

Tenth Circuit Refers Au Pairs’ Class Claims to Arbitration

By Greg Mersol on November 5, 2018 Posted in Antitrust, Arbitration, Arbitration Agreements

“Well, They Gave Me the Agreement in My Own Language, but I Still Didn’t Understand the English Version” doesn’t work. The Federal Arbitration Act will turn 100 in the next few years, but despite more than nine decades of litigation, some opinions can be explained only by the “judicial hostility” to arbitration that caused the … Continue Reading