Wednesday round-up

Briefly:

• At Reuters, Alison Frankel looks at a pending cert petition that asks the court to decide whether lead plaintiffs in class actions must show a feasible way to identify absent class members in order to be certified to litigate as a class; she notes that the case could be an important early indicator of whether Justice Neil Gorsuch will prod his fellow justices to revive Justice Antonin Scalias years-long campaign to rein in class actions.
• At The World and Everything in It (podcast), Mary Reichard weaves audio clips into a discussion of the oral arguments in Weaver v. Massachusetts, BNSF Railway Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of California, and California Public Employees Retirement System v. ANZ Securities, Inc. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in Bristol-Myers and to the petitioner in CALPERS.]

• In the George Washington Law Review, Ezra Rosser considers the courts decision inLewis v. Clarke, in which the court held that a tribes sovereign immunity does not extend to a tribal employee sued in his individual capacity, arguing that what is frustrating about Justice Sotomayors opinion inLewisis not the holding itself, but that when placed alongside much bigger losses,Lewishelps illustrate the Courts hostility to Indian sovereignty.

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