Tenth Circuit
2 articles tagged with "Tenth Circuit".
The "Health Halo" Hazard: Why the Tenth Circuit’s Revival of the American Spirit Class Action Eviscerates the Individualized Reliance Defense
The Death of the "Different Strokes" Defense in Consumer Class Actions For years, defense counsel facing consumer fraud class actions have relied on a trusty, intuitive shield to defeat class certification: human fickleness. The argument is simple. C...
The Preemption Wall Cracks: Why the Tenth Circuit’s Rejection of BAT’s Regulatory Shield Upends Consumer Class Action Defense
The Death of the Silver Bullet For decades, the defense bar's absolute favorite weapon against sprawling consumer class actions has been the federal preemption doctrine. The logic is as elegant as it is ruthless: if a federal agency like the FDA heav...
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