Law.com has an article today summarizing a 2-1 decision by a panel of the United States Court of Appeals for the Second Circuit regarding the scope of a securities law exception to the Class Action Fairness Act’s removal provisions. The article both summarizes the case and contains a link to the opinion itself. The decision concerns an exception to [...]
Archive for May, 2008
Law.com: Split Second Circuit Panel Limits Scope of Securities Exception to CAFA Removal
Posted in Class Action News, Federal Court Decisions, tagged cafa exceptions, cafa securities exception, federal appellate decisions, second circuit on May 14, 2008 | Leave a Comment »
Class Action Blogosphere Weekly Review
Posted in Articles, Class Action News, Class Action Trends, Other class action blogs, Uncategorized, tagged 9th circuit, blawg review, blawgs, blog review, class action blogs, Class Action News, Class Action Trends, Supreme Court on May 14, 2008 | 2 Comments »
It’s a little later this week than normal because I unexpectedly had to attend a hearing out of state, but better late than never. Here are some blog posts of interest to class action practitioners from this past week… The Complex Litigator has an extensive analysis of an upcoming Law Review article by Professor Sheila Scheuerman [...]
Practice Tip: Mock Trials Can Be Useful Depending on Your Objectives
Posted in Articles, Practice Tips, tagged clopening, evaluation, focus group, jury consultant, mock trial, trial consultant on May 12, 2008 | Leave a Comment »
The first time I ever used a mock trial as an evaluation tool for a class action, my expectation was that it would provide a great way to gauge potential exposure if the case went to trial. I soon found that mock trials are a great tool for evaluating exposure in a class action only if you’re interested in narrowing [...]
Happy Mother’s Day, Mom. See You in Court!
Posted in Class Action News, Class Action Trends, tagged class action, internet, mother's day, web, web technology on May 11, 2008 | 2 Comments »
Browsing the class action newswires today I came across this press release announcing a class action filed by a group of disgruntled mothers against their ungrateful offspring. The suit, apparently a putative injunctive class action sought to be certified under Rule 23(b)(2), seeks an order that children “stop asking because from now on they are not getting – without more gratitude.” [...]
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, Other class action blogs, tagged blawg review, blawgosphere, blog review, blogosphere, class action blogs on May 5, 2008 | Leave a Comment »
I’m out of town for depositions this week, so here’s a slightly abridged version of the Class Action Blogosphere Weekly Review. Special thanks this week to The Mommy Blog for including classactionblog.com in Blog Review #158. With that, here are some blog entries of interest to class action lawyers from this past week… The Complex Litigatorprovides a great [...]
Partial Glossary of Representative Actions and Terms
Posted in Class Action Trends, Other Representative Actions, tagged aggregator, associational standing, bellwether, class action, collateral estoppel, collective action, derivative suits, dispositive motion, issue preclusion, mass action, non-mutual offensive collateral estoppel, parens patriae, qui tam, representative action, reverse bifurcation, virtual representation on May 1, 2008 | 2 Comments »
I commented recently on the fact that the well publicized “class-action” trial against the United States Department of Veteran’s Affairs was never actually certified as a class action. Instead, the case is being pursued by two nonprofit veterans’ advocacy groups who are pursuing the case on behalf of their members based on a concept called associational [...]


Congressmen seek investigation on practices of class action lawyers: A good use of taxpayer dollars?
Posted in Class Action News, Commentary, tagged class action abuse, congressional investigation, dickie scruggs, william lerach on May 6, 2008 | 2 Comments »
Here is an article on CFO.com that caught my eye today. Reportedly, Republican Congressmen John Boehner and Lamar Smith have sent letters to Democratic majority leaders seeking an investigation into what the article refers to as “the practices of the class actions litigation industry.” Certainly, there have been some high-profile abuses among members of the plaintiffs’ class [...]
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