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Thomas Richie has defended dozens of class actions involving federal statutory claims, breach-of-contract, negligence, products liability, warranty, data breach, tax and financial services issues. He represents clients across industries, including insurance, retail, construction, defense, pharmaceutical, energy, environmental, finance, wireless communication, and manufacturing.

Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class CertificationIn a decision that narrows the path to class certification in federal court, the Fifth Circuit has held that a plaintiff must clear the Daubert hurdle when expert evidence is relevant to the decision of a federal court to certify a class. The decision in Prantil v. Arkema Inc. cements the Fifth Circuit’s viewpoint that

Eleventh Circuit Rejects Administrative Feasibility as a Requirement for Class ActionsCan a plaintiff represent a class without showing that there’s a feasible way to identify the absent class members? In its recent decision in Cherry v. Dometic Corp., the Eleventh Circuit has become the latest circuit to answer that question with a “maybe.” Although the court noted that the “feasibility” of identifying absent class

No Worse for Butter: Ninth Circuit Says Popcorn’s “Secret” Ingredient Does Not Confer Article III StandingThe Ninth Circuit recently determined that the mere presence of artificial trans fats in popcorn (i.e., the “butter” in butter flavored popcorn) does not create an injury that confers Article III standing.

In McGee v. S-L Snacks National, a consumer brought a putative class action alleging economic and physical injuries caused by