The best single piece of advice I ever got as a young lawyer came on one of the first days of my clerkship with the late U.S. District Judge D. Brook Bartlett. My fellow clerk Jon Duncan and I were visiting Judge Bartlett at home to go over a pile of orders and bring him the Big Mac and fries that [...]
Archive for April, 2008
Civility as a Litigation Strategy
Posted in Articles, Practice Tips, tagged civility, ethics, legal ethics, litigation strategy, litigation tactics, professional responsibility on April 30, 2008 | Leave a Comment »
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, Other class action blogs, tagged blawg review, blog review, class action blawgs, class action blogs, Class Action Trends on April 29, 2008 | Leave a Comment »
Here are some blog entries of interest to class action practitioners from this past week… See The UCL Practitioner for a detailed synopsis of a recent California Court of Appeal decision rejecting an objector’s challenge to a class action settlement: http://www.uclpractitioner.com/2008/04/new-class-actio.html The Complex Litigator counsels class action practitioners to consider opposing perspectives in interpreting class certification decisions [...]
Practice Tip: Trial Plans Can Be an Effective Pre-Certification Tool
Posted in Articles, Class Action Trends, Practice Tips, tagged Bernal, class certification, manageability, rule 23, superiority, trial plan on April 28, 2008 | 2 Comments »
A trial plan provides the judge with a road map for how the trial is expected to proceed. Trial plans can be an effective pre-certification tool for both plaintiffs and defendants in class action lawsuits. They can be as detailed or as generalized as the court requires and can cover a variety of issues, including bifurcation, the order of proceedings, [...]
Check out the ABA CADS Committee Webpage
Posted in Lawyers' Resources, tagged ABA, ABA resources, class action resources on April 24, 2008 | Leave a Comment »
I received my quarterly issue of CADSreport recently and finally had time to read it today. Although many cynics may take the name literally, CADS is actually an acronym for the Class Action and Derivative Suits Committee, which is part of the ABA LItigation Section. I hadn’t checked the CADS webpage in a while and was pleased to find that [...]
Institute for Legal Reform State Lawsuit Climate Rankings Issued
Posted in Class Action Trends, Reports and Surveys, tagged corporate counsel, forum shopping, general counsel, legal climate, litigation climate, punitive damages, state survey, tort reform on April 24, 2008 | Leave a Comment »
The Institute for Legal Reform, an organization affiliated with the U.S. Chamber of Commerce, has issued its annual report ranking the lawsuit climates of each of the 50 States. This report is an interesting resource for anyone who is interested in class action litigation and forum selection issues. See the following link for the rankings [...]
Workforce.com Article Provides Tips for Employers to Reduce Class Action Exposure
Posted in Articles, Class Action Trends, Employment Class Actions, Practice Tips, tagged age discrimination, discrimination, EEOC, employee, FLSA, gender discrimination, race discrimination, reductions-in-force, sex discrimination, Title VII on April 23, 2008 | Leave a Comment »
Employers facing potential layoffs might find interesting a recent article in Workforce.com about the risk of potential class actions as a result of reductions in force. The article addresses the EEOC’s stated strategy to increase class action filings against employers and provides tips on measures that can be taken to minimize class action exposure. http://www.workforce.com/section/09/feature/25/45/73/254577.html
What Does It Mean When a Federal Appeals Court Denies Appeal of a Class Certification Order?
Posted in Articles, Practice Tips, rule 23, Uncategorized, tagged 9th circuit, appellate review, class action appeal, ninth circuit, vista capable on April 23, 2008 | 3 Comments »
Does a United States Circuit Court of Appeals decision not to review an order granting or denying class certification mean that the appellate court agreed with the class certification order? Not necessarily. Since 1998, Rule 23(f) of the Federal Rules of Civil Procedure has provided a way to seek appellate review of a federal district court’s grant or [...]
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, Other class action blogs, tagged blawgosphere, blog, blogosphere, class action, review, summary, synopsis on April 22, 2008 | Leave a Comment »
Here are some blog posts of interest to class action lawyers from this past week. Special thanks this week to Kimberly Kralowec of The UCL Practitioner and Scott Leviant of The Complex Litigator for adding links to ClassActionBlawg.com on their blogrolls… The Complex Litigator critiques the continued use of coupon settlements in class action settlements: http://thecomplexlitigator.typepad.com/my_weblog/2008/04/coupon-only-set.html The UCL [...]
Veteran’s Administration “Class Action” Not a Class Action at All
Posted in Class Action News, Class Action Trends, tagged associational standing, injury-in-fact, organizational standing, standing, VA, veteran's administration on April 21, 2008 | 5 Comments »
There have been a variety of recent news reports about a trial that began today in a “class action” lawsuit against the United States Department of Veterans Affairs, or VA. The case, now captioned Veterans for Common Sense v. Peake, was filed by two nonprofit groups on behalf of veterans of the Iraq and Afganistan wars and [...]
Canada Moves Toward U.S. Class Action Model, For Better or For Worse
Posted in Class Action News, Class Action Trends, International Class Action Law, tagged canadian class action, class action reform, international class action, rule 23, tort reform on April 20, 2008 | Leave a Comment »
As the European Union and individual EU countries consider potential reforms for dealing with mass and class action lawsuits (see my previous entries here and here), Canadian class actions are becoming more similar to those in the United States, according to an April 18 report in Canadian Underwriter.ca. The article remarks that significant increases in contingent fee awards [...]
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