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Patrick T. Ryan

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Patrick T. Ryan is co-chair of the Appellate Litigation practice of Montgomery McCracken and is a member of the firm’s Class Action Defense practice group. His practice emphasizes commercial litigation, antitrust matters, the defense of professional liability claims, and business litigation involving claims asserted under the federal RICO statute.
Aug 16

Ninth Circuit Finds a “Concrete Injury” Adequately Alleged on Remand From Supreme Court in Spokeo

The Ninth Circuit issued its long-awaited decision in Robins v. Spokeo, Inc., No. 11-56843, 2017 WL 3480695 (9th Cir. Aug. 15, 2017), yesterday—on remand from the Supreme Court.  This is the lawsuit in which Mr. Robins alleges that Spokeo, a “people search engine,” published inaccurate… Read More

Mar 23

Supreme Court Says Plaintiffs in Class and Collective Actions Can Sometimes Use Averages and Representative Samples to Prove Elements of Their Case

The Supreme Court decided yesterday, in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 2016 WL 1092414 (U.S. Mar. 22, 2016), that the named plaintiffs in a wage-and-hours case could use an expert’s calculation of the average time a representative sample of workers took to put… Read More

Feb 22

New York Court Rejects Defendants’ Attempt to Moot Class Plaintiffs’ Claims By Depositing Funds With the Court

A federal district court judge in New York has denied a request by the defendants in a putative class action to deposit funds with the Clerk of Court in the amount of the defendants’ Rule 68 offer of judgment ($400) – an amount the defendants… Read More

Jun 09

Supreme Court Will Hear Case Where Defendant Says Lax Class Certification Standards Allowed the Use of Averages and an Improper “Trial by Formula”

The Supreme Court granted cert. yesterday in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (U.S. June 8, 2015), a case that raises important issues on how class and collective actions are certified and adjudicated—and may allow the Court to provide further guidance on questions it… Read More

Apr 29

Third Circuit Clarifies Its Ascertainability Requirement: A Two-Part Inquiry—But Only a Two-Part Inquiry

The Third Circuit’s recent decision in Byrd v. Aaron’s Inc., No. 14-3050, 2015 WL 1727613 (3d Cir. Apr. 16, 2015), reversed a district court’s denial of class certification because the lower court incorrectly applied the ascertainability requirement to plaintiffs’ proposed Rule 23(b)(3) classes. The appellate… Read More

Feb 17

Second Circuit Says Comcast Does Not Bar Class Certification When Damages Require Individual Proof

Last week the Second Circuit joined a number of other circuits in ruling that the Supreme Court’s decision in Comcast Corp. v. Behrend, 569 U.S. ___, 133 S. Ct. 1426 (2013), does not require plaintiffs seeking class certification under Rule 23(b)(3) to show that damages… Read More

Dec 11

Time Spent Going Through Security Screenings Is Not Compensable Under Fair Labor Standards Act

The Supreme Court decided on Tuesday of this week that the federal Fair Labor Standards Act (“FLSA”) does not require an employer to compensate employees for time spent waiting in line and then going through security screenings at the end of their work shift each… Read More

Oct 09

SCOTUS Hears Arguments on Compensability of Required Security Screenings Under FLSA

The Supreme Court heard oral argument yesterday in an important Fair Labor Standards Act case that asks whether an employer who requires hourly employees to go through a security screening at the end of their shift – as a way to prevent employee theft –… Read More

Mar 05

Supreme Court Denies Cert. in Front-Loading Washer Cases

On February 24, 2014, after re-listing the cases for multiple conferences, the Supreme Court denied certiorari in three front-loading washer cases that many felt gave the Court an opportunity to provide guidance on Rule 23(b)(3)’s predominance requirement.  The cases also presented the question of how… Read More

Nov 22

Supreme Court to Address Fraud-on-the-Market Presumption in Securities Fraud Cases

The Supreme Court granted certiorari last Friday in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317—a case the Court had before it once already in 2011, but this time presents the questions (1) whether the Court should overrule or substantially modify the holding… Read More