Fourth Circuit approves of certifying “issues” under Rule 23(c)(4).

In What's New in Class Action Law?, What's New in the Courts by gravierhouseLeave a Comment

Purchasers and beneficiaries of a multi-employer health care plan brought claims growing out of the plan’s collapse. The U.S. Fourth Circuit Court of Appeals rejected the defendants’ argument that the necessity for individualized damage determinations should defeat certification. Of particular interest, however, is the Court’s discussion of Rule 23(c)(4). The Fifth Circuit, in cases such as Castano and Allison, had …

Union Pacific engages in systematic spoliation.

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

The New York Times found that Union Pacific had been sanctioned at least seven times between July 2001 and January 2003 for spoliation. “Union Pacific’s conduct is a stark example of how some railroads, even as they blame motorists, repeatedly side-step their own responsibility in grade-crossing fatalities. Their actions range from destroying, mishandling or simply losing evidence to not reporting …