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Articles by Sym Hunt
The Evolving Climates in the US and UK for Environmental Damage Claims | JD Supra
Key Points The U.S. Supreme Court may hear cases asking whether the federal Clean Air Act preempts state common law claims for injuries allegedly caused by climate change, an issue on which circuit courts have split. English courts have been willing to entertain claims involving alleged climate change-related harms caused by foreign subsidiaries of U.K. companies.
The evolving climates in the US and UK for environmental damage claims
Key Points The U.S. Supreme Court may hear cases asking whether the federal Clean Air Act preempts state common law claims for injuries allegedly caused by climate change, an issue on which circuit courts have split. English courts have been willing to entertain claims involving alleged climate change-related harms caused by foreign subsidiaries of U.K. companies.
European Union and United Kingdom: a new dawn for class actions
Bill Batchelor, Bruce Macaulay, Sym Hunt and Alexander Kamp Skadden, Arps, Slate, Meagher & Flom LLP 24 June 2022 This is an Insight article, written by a selected partner as part of GCR's co-published content. Read more on Insight In summary Regimes allowing for class actions, including on an opt-out basis, have emerged in various EU member states.
UK Class Actions: FX Decision Shows That the CAT Is Willing To Strike Out Poorly Pleaded Claims and Deny Opt-Out Certification | JD Supra
[co-author: Mustafa Mirza] Takeaways The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider ‘significant amendment and revision’ of their claims to avoid strike-out. Follow-on claims are not bound to succeed.
What Is the Future for Opt-Out Class Actions in the UK After Lloyd v Google? | JD Supra
Takeaways The U.K. Supreme Court, in its much-anticipated decision in Lloyd v Google, held that “opt-out” representative (class) actions cannot proceed unless the plaintiff proves material damage and shows that each class member is seeking the same compensation. The unanimous judgment limits the potential for in terrorem claims involving significant sums that create settlement pressure.
UK Class Actions Update: Merricks Secures Uncontested CPO, But the Competition Appeal Tribunal Shows It Retains Significant Teeth to Narrow Claims | JD Supra
After protracted challenges to class certification status, in Merricks v Mastercard1 the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2 million consumers, but Mastercard successfully persuaded the CAT to narrow the class, potentially reducing the claim by £5 billion. Key Takeaways From This Case and the CAT’s CPO Pipeline The CPO order was uncontested.
Merricks v Mastercard – UK Supreme Court Clarifies Low Bar for Class Action Certification | JD Supra
On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard,1 dismissing Mastercard’s appeal against the English Court of Appeal’s April 20192 decision in a 3-2 ruling. The main aspects of the decision are explained below: This ruling revives the possibility of a claim by 46.2 million individuals in the U.K. for alleged losses spanning over 16 years across all retail sectors in the U.K. economy, valued at £14 billion.
WEX Win Interpreting COVID-19 Material Adverse Effect Shows M&A Drafting Traps | JD Supra
On October 12, 2020, in Travelport Ltd & Ors v WEX Inc [2020] EWHC 2670, Justice Cockerill of the English High Court held that WEX had in large part correctly interpreted the terms of the material adverse effect (MAE) clause that it invoked to pull out of a $1.7 billion acquisition. The ruling demonstrated that: There was no presumption that MAE clauses should be narrowly construed.
UK Supreme Court Eases Burden on Antitrust Defendants Pleading a Pass-On Mitigation Defence | JD Supra
Defendants in competition damages actions often argue that claimants mitigated any loss in competition damages claims by passing on any allegedly unlawful price increase to their customers. In Sainsbury’s v. Mastercard [2020] UKSC 24, the U.K. Supreme Court (UKSC) made it easier for alleged cartelists to prove a mitigation defence in such claims. The UKSC clarified that the extent of mitigation, which may be impossible to determine accurately, need not be proven as a precise amount.
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