For those of you who practice in the Colorado state courts, the CBA weekly newsletter had a snippet today about what constitutes official service through the e-filing system that you’ll want to pay attention to. I suspect that similar rules applies in other states that have adopted an official e-filing system. I have never had [...]
Archive for April, 2008
Colorado E-Service Rule Clarified
Posted in Colorado Civil Procedure, Practice Tips, tagged colorado rules of civil procedure, CRCP 5, e-filing, efiling, electronic filing, lexis, notice, rule 5, service on April 18, 2008 | Leave a Comment »
Check out the Federalist Society Class Action Watch
Posted in Articles, Class Action Trends, Other class action blogs, tagged cy pres, FACTA, FACTA truncation, federalist society, reverse bifurcation, scheme liability, tolling on April 17, 2008 | 1 Comment »
The Federalist Society Issues a collection of articles relating to class action law every six months or so. The latest Class Action Watch was issued in late March 2008 and includes articles on seven topics including “reverse bifurcation“, Cy Pres settlements, FACTA truncation, scheme liability, and class action tolling. For the full index, click here. Thanks to the Mass Tort [...]
Practice Tip: Consider the Implications of a Pre-Certification Dispositive Motion
Posted in Practice Tips, tagged claim preclusion, collateral estoppel, FRCP 56, issue preclusion, pre-certification, res judicata, rule 23, Rule 56, summary judgment on April 16, 2008 | Leave a Comment »
As defense lawyers, our instincts tell us to take our shot at a dispositive ruling on the merits if it might allow us to avoid a class certification hearing. We know that the material facts aren’t in dispute and that we should win on the law, if we can just get the judge to ignore the plaintiffs’ attorneys constant spin [...]
FJC Study of the Impact of CAFA on Federal Courts Is Now Available
Posted in Class Action News, Class Action Trends on April 15, 2008 | 1 Comment »
A Federal Judicial Center publication entitled Impact of CAFA on the Federal Courts: Fourth Interim Report was issued in April 2008 and is now available at the FJC website: http://www.fjc.gov/library/fjc_catalog.nsf The report marks the end of the first phase of a study commissioned by the Judicial Conference Advisory Committee on Civil Rules to analyze the [...]
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, Other class action blogs, tagged blawg, blog, class action, review, reviews, summaries on April 15, 2008 | Leave a Comment »
Here are some blog entries of interest to class action lawyers from this past week: The Complex Litigator provides a thoughtful response to recent criticisms of California class action law and plaintiffs’-oriented class action lawyers. (See earlier article for analysis): http://www.thecomplexlitigator.com/2008/04/daily-journal-f.html http://www.thecomplexlitigator.com/2008/03/class.html Pom Talk blog for institutional investors discusses proposed EU class action reforms: http://www.pomtalk.com/pomtalk/2008/04/european-union.html D [...]
Class Action Lawsuits the Latest Internet Craze?
Posted in Class Action Trends, tagged internet web trends sueeasy legal services on April 14, 2008 | 1 Comment »
The Internet blog TechCrunch.com has an interesting profile on a new website called SueEasy.com, which supposedly allows prospective litigants to file grievances on a variety of legal issues and then allows attorney users to sign up to advertise to those users and perhaps even bid for their work. See the TechCrunch article here. One has to wonder whether the whole [...]
Practice Tip: Think CAFA Requirements Only Apply In Removed Cases? Think Again.
Posted in CAFA Requirements, Practice Tips on April 9, 2008 | 3 Comments »
One misconception that many lawyers have (and admittedly I was one of them until recently) is that the Official Notice requirement imposed under the Class Action Fairness Act (CAFA), codified at 28 U.S.C. 1715, applies only to cases removed under the CAFA’s jurisdictional provisions, codified as part of 28 U.S.C. 1332. However, the notification requirements of section [...]
Forbes: Deutsche Telekom Trial a European Test Case for Class Actions
Posted in International Class Action Law, tagged eu class action reform germany german on April 9, 2008 | 2 Comments »
A story at Forbes.com provides a nice analysis of the possibility that the well-publicized Deutsch Telekom trial could open the door to more class action litigation in Europe. http://www.forbes.com/markets/2008/04/08/deutsche-telecom-claim-markets-equity-cx_jm_0304markets20.html. The trial, which began on Monday, involves claims of shareholder fraud brought on behalf of approximately 16000 shareholders. As the Forbes article points out, the case became possible due to a recent change [...]
EDNY: Fear of Retaliation Justifies Class Certification of State Claims in FLSA Case
Posted in Class Action News, Class Action Trends, Federal Court Decisions on April 8, 2008 | Leave a Comment »
Unpaid overtime claims under the Fair Labor Standards Act (FLSA) present an interesting dilemma. On the one hand, the FLSA does not permit claims of multiple workers to be aggregated under Rule 23. The FLSA provides for a collective action procedure that allows one or more workers to sue in a representative capacity on behalf [...]
Nudists v. PayPal, a Potential Class Action Lawsuit Worthy of Additional Media “Exposure”?
Posted in Class Action News, tagged nudists pay pal class action naked paypal on April 8, 2008 | Leave a Comment »
According to an article on the website Switched.com, a Canadian association of nudists is considering filing a class action lawsuit against online payment website PayPal arguing that it unfairly denied them access to its services based on a policy against “sexually oriented websites” using its services. It is not clear from the article whether the [...]
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