Law Commons^™

In A Class Of Its Own: Bristol-Myers Squibb'S Worrisome Application To Class Actions, Grant Mcleod

Akron Law Review

The Supreme Court’s holding in Bristol-Myers Squibb Co. v. Superior Court has far-reaching implications for federally filed class actions. While the case concerned a mass action in the California state courts, the opinion contained strong dicta to suggest its principles of specific jurisdiction could be applied to federal class—an entirely different procedural tool with its own host of complexities and problems. In the three years following the decision, federal district courts are split on how to apply the Bristol-Myers Squibb analysis to class actions. A distinct category of courts have applied the analysis to dismiss absent class members’ claims when …

Navigating The Discovery Chess Match Through Effective Case Management, Philip Favro

Akron Law Review

The challenges with civil discovery are often overwhelming. At times, counsel may feel powerless to avoid discovery quagmires and the resulting costs and delays. Nevertheless, counsel can guide a matter through these complexities if they learn how to better manage the discovery process. In Navigating the Discovery Chess Match through Effective Case Management, I expound on three methods that can facilitate case management in discovery.

The first emphasizes the benefits of proportionality in resolving preservation disputes over electronic data. The next involves providing early and more fulsome initial disclosures to enhance the FRCP 26(f) discovery conference. The final method focuses …