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Archive for August, 2008

Here is an interesting tidbit about a possible class action reform in South Korea from the Korean newspaper the Chosun Ilbo.  Reportedly, “the Presidential Council on National Competitiveness and the ruling Grand National Party” have agreed to “introduce class action suits as a way to compensate victims of illegal collective actions such as illegal rallies and strikes.”  (“Collective [...]

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Although courts have upheld class arbitration waivers–contract clauses requiring arbitration but prohibiting class treatment of claims in the arbitration–under some circumstances, the trend seems to favor striking them down as unconscionable or void as against public policy, especially in consumer contracts where any individual dispute is likely to involve only small amounts of money.  The latest decision supporting that trend came today [...]

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As reported today in the UK trade publication Professional Pensions, the Civil Justice Council, a governmental advisory committee charged with studying and recommending policy decisions relating to civil justice issues, issued a report earlier this month recommending that enhanced collective action procedures be adopted in the British civil courts.  The procedures, if adopted, would include many of the [...]

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Canadian attorney Howard Levitt has an interesting article published today on FinancialPost.com about trends in Canadian employment class action law.  The article offers some practical preventative tips for employers, but also makes a few keen observations about the dynamics surrounding a recent increase in employment class actions in Canada, including this gem:  It’s a new phenomenon: Roving groups of lawyers searching for corporate [...]

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If you just can’t get enough of the great content available on ClassActionBlawg.com (and that makes one of you), check out the new email subscription feature available on the sidebar.  To subscribe, Just click the link and you will be asked to provide your email address.  After that, you will receive an email from Feedburner [...]

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Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Decisions The Complex Litigator and The UCL Practitioner offer analysis of a recent California class certification decision addressing a variety of issues, including ascertainability of the class, evaluation of the merits in ruling on [...]

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I recently came across this interesting August 20, 2008, article authored by Nicholas Rummell at FinancialWeek.com, discussing a report issued that same day by the Corporate Library finding that CEO compensation tended to increase rather than decrease following a securities class action against the company.  The report appears to focus on compensation decisions following the mere filing of the lawsuit, as opposed [...]

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Class Action Haiku

Certification of a class requires proof of numerosity.

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A few sources, including Slate and American Thinker, have reported on a CNBC interview of bajillionaire Warren Buffet yesterday in which he suggested that donors to John Edwards’ presidential campaign file a class action against him for solicing contributions, knowing that reports of his extramarital affair with videographer Rielle Hunter would eventually come to light: it might be kind of interesting if somebody, some [...]

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Bigfoot Post Removed

As you may have noticed, my Bigfoot post from Saturday has been removed.  I had no idea that it would generate the controversy that it did.  After much thought, I decided that it would be better to remove the entire entry rather than contribute to more escalation of what is obviously a long-standing and fervent debate. It probably seems ironic that the [...]

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