Trischa Snyder Chapman

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Fifth Circuit Questions the Use of Claim-splitting Tactic by Plaintiff; Orders District Court to Consider Whether Plaintiff’s Proposal Destroys Adequacy

By Trischa Snyder Chapman on June 12, 2017 Posted in Class Certification

On May 9, the Fifth Circuit Court of Appeals issued a decision in Slade v. Progressive Sec. Ins. Co, Case No. 15-300010, 2017 WL 1843737 (5th Cir. May 9, 2017), in which the court discussed how the practice of claim splitting can create an adequacy bar to class certification. The appeal was taken from a … Continue Reading

Post-Tyson Foods, Defendants Should Take the Offensive in Discovery Sampling

By Trischa Snyder Chapman on June 1, 2016 Posted in Class Action Trends

Following the Supreme Court’s ruling in Tyson Foods and in light of the greater emphasis on proportionality in the amended Federal Rules of Civil Procedure, defendants can expect to see an increase in the use of sampling in class action discovery as plaintiffs attempt to use statistical evidence to establish both liability and damages. But … Continue Reading