News & Publications

Takeaway:   When litigating class certification and motions to compel arbitration, defense attorneys virtually always prefer federal over state courts.  In two cases involving home security provider ADT, L.L.C. (ADT), and a rogue employee of ADT who literally spied on ADT customers in their homes, ADT deployed different mechanisms to secure federal jurisdiction.  In the first, a putative class action filed against the rogue employee (but not ADT) in Texas state court, ADT resorted to a Texas [...]

In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers' relative preferences for various product attributes, many plaintiffs (and their experts) have attempted to employ conjoint analysis as a tool for measuring the "price premium" attributable to a labeling statement or the effect that the disclosure of a product defect would have had on the [...]

On Friday evening, the Sixth Circuit issued a ruling  on several pending motions in the OSHA ETS litigation. Most notably, the court denied OSHA's motion to shorten the stay briefing and to set an expedited schedule for merits briefing—which appeared to be an attempt by the agency to obtain rulings before its emergency standards were originally set to begin. Though events had already largely left that motion in the dust, the denial indicates that the court will [...]