By Jill M. Hutchison The Mandatory Initial Discovery Pilot Project has started in the District of Arizona (for cases filed after May 1, 2017) and the Eastern Division of the Northern District of Illinois (for cases filed on or after June 1, 2017). See General Order 17-08 (D. Az. Apr.... Continue reading

By Jill M. Hutchison On January 30, President Trump signed the Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs. Executive Order 13371. The stated aim of the Order is to “manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations” by... Continue reading

The International Agency for Research on Cancer (“IARC”), the specialized cancer agency of the World Health Organization, garnered attention in June 2016 when it deemed coffee “not classifiable” in terms of whether it increases human cancer risk. Continue reading

Jenner & Block Partner Jeremy M. Creelan and Associate Daniel H. Wolf explore class action cases before the US Supreme Court. Continue reading

The Supreme Court recently declined to wade into a developing circuit split on the question of just what constitutes an ascertainable class under Fed. R. Civ. P. 23(b)(3) class. In the case of many consumer products, particularly those that are consumable, like food, cosmetics, and supplements, the defendant is unlikely to have records to document individual customers’ purchases, and the consumers are unlikely to have kept receipts. In such cases, some court have permitted class members to self-identify by affidavit and have held that this identification method is acceptable to create an ascertainable class. Continue reading