A Sea Change in Class Action Jurisprudence? Olean v. Bumble Bee Foods LLC and Its Implications for Certifying Classes with Uninjured Members

Katherine Weaver discusses the Ninth Circuit's refusal in Olean v. Bumble Bee Foods LLC "to adopt a per se rule prohibiting class certification when the putative class contains more than a de minimis number of uninjured class members" and concludes that "lower courts grappling with this issue in the future should take into account the Seventh Circuit’s opinion in Mussat v. IQVIA, Inc." and treat classes as an "entity."

Judging the Referee: How Judicial Standards of Review Can Improve Soccer’s Video Assistant Referee System

Writing on the review of referee decisions in soccer games by Video Assistant Referee (VAR) technology, Eliana Fleischer argues "that different categories of VAR review require distinct standards of review to match the subjectivity of the referee’s decision and the informational asymmetry between the referee and VAR."

United States v. Turkiye Halk Bankasi A.S.—the Conundrum of Foreign Sovereign Immunity in Criminal Prosecutions

Youssef Mohamed summarizes how United States v. Turkiye Halk Bankasi A.S. impacts the law of foreign sovereign immunity as it applies in criminal proceedings, ultimately concluding that, without further input from Congress, courts should defer to executive branch determinations of foreign immunity as manifested by the commencement of criminal proceedings.