During a reception yesterday, I met Lance Tanaka, local Denver representative of the American Arbitration Association (AAA), who tipped me off to AAA’s class arbitrations page. The site has several great public resources for anyone interested in class arbitration rules or cases, including: AAA’s general Commercial Arbitration and Mediation rules The Supplementary Rules for Class Arbitrations The organization’s Policies [...]
Archive for September, 2008
AAA Website Offers Helpful Class Arbitration Resources
Posted in Lawyers' Resources, Online Research, Practice Tips, tagged AAA, american arbitration association, arbitration rules, class action resources, class arbitration, class arbitration rules on September 30, 2008 | 1 Comment »
Seventh Circuit: TILA Rescission Claims Are Not Suitable for Class Action Treatment
Posted in Class Action News, Class Action Trends, Federal Court Decisions, Other class action blogs, tagged Class Action Trends, Class Action Decisions, tila, subprime mortgage crisis, subprime class action, adjustable rate mortgage, seventh circuit court of appeals, chevy chase bank on September 26, 2008 | 2 Comments »
The Seventh Circuit Court of Appeals’s highly anticipated Truth In Lending Act (TILA) class action decision in Andrews v. Chevy Chase Bank, No. 07-1327 (7th Cir., Sept. 24, 2008) was finally issued Wednesday. The court reversed the district court’s class certification decision and joined the First and Fifth Circuit Courts of Appeals in holding that the TILA’s rescision remedy (at the [...]
Beware of Post-Certification Communications with Class Members
Posted in Federal Court Decisions, Practice Tips, tagged class certification, class members, communication with class members, sanctions, exclusion period, opt out, opt out period on September 25, 2008 | Leave a Comment »
The blog Wait A Second!, which covers civil rights issues in the Second Circuit, posted a synopsis today of a recent New York federal court decision in which a class action defendant was sanctioned as a result of communications with class members following a class certification order. The case, Romano v. SLS Residential, Inc., 07 Civ. 2034 (SCR) (S.D.N.Y.), [...]
UK Pension Funds an Increasingly Key Player in Securities Litigation Abroad, Association Reports
Posted in Class Action Trends, International Class Action Law, tagged european class action law, International Class Action Law, pension fund litigation, securities class action, transnational class action, UK class action on September 24, 2008 | Leave a Comment »
Wales Online reported today on the increasing number of UK pension funds taking part as a lead plaintiff or “active participant” in securities class actions, which have to be pursued in other countries since the UK does not currently have a class action procedure. The data comes from the National Association of Pension Funds, a UK [...]
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged attorneys fees, blawg review, blog review, CAFA, Class Action Decisions, Class Action Fairness Act, Class Action News, class action publicity, class action review, Class Action Trends, fee sharing, fee splitting, International Class Action Law on September 23, 2008 | Leave a Comment »
Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Decisions The UCL Practitioner quotes a recent California Court of Appeal decision reversing a trial court’s order denying class certification on the ground that the court had not allowed pre-certification discovery of the identity of [...]
Shivar Me Timbarrs, The Alien Tort Claims Act Isn’t Just for Pirates Anymore
Posted in Class Action Trends, International Class Action Law, tagged ACTA, ACTA class action, alien tort claims act, apartheid class action, piracy, pirate class action, pirates, talk like a pirate day on September 19, 2008 | 1 Comment »
Ahoy, Maties! In honour of Talk Like a Pirate Day, I’d lyke to present ye with a bit o’ pirate law trivia. No, I’m not talking about software or media piracy. I mean authentic buccaneers of the Blackbeard variety, aaaarrrrr. Did you know that the Alien Tort Claims Act, which has been used successfully over the past few years [...]
Will New Federal Rule of Evidence 502 Actually Reduce Litigation Costs?
Posted in Electronic discovery, Federal Rules of Evidence, tagged attorney client privilege, e-discovery, Electronic discovery, Federal Rule of Evidence 502, FRE 502, inadvertent waiver, privilege, privilege waiver, work product privilege on September 18, 2008 | 2 Comments »
Anyone who practices in the area of class actions is no doubt intimately familiar with the complex issues and potential pitfalls involved in the discovery of electronic data. As reported by the National Law Journal (through Law.com), Congress has passed legislation designed to create a new Federal Rule of Civil Procedure 502, which is intended to [...]
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, Other class action blogs, tagged attorneys fees, blawg review, blog review, CAFA, CAFA removal, class action articles, class action blog, class action commentary, Class Action News, class action scandals, Class Action Settlements, Class Action Trends, parens patriae on September 16, 2008 | 2 Comments »
Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Decisions For a “brief” commentary on a case addressing the removability under the Class Action Fairness Act (CAFA) of a class action counterclaim by a plaintiff/counterclaim defendant, see this guest commentary from Dallas attorney Jonathan Bridges [...]
5 Blogs & 5 Blawgers
Posted in Off Topic, Other class action blogs, tagged blawgs, chain letter, class action, internet meme, law blogs, other blogs on September 10, 2008 | 3 Comments »
“A good fortune may forebode bad luck, which may in turn disguise good fortune.” – Chinese Proverb I’ve been sent the blogging equivalent of a chain letter. The kind folks at Drug and Device Law Blog have tagged ClassActionBlawg.com with an Internet Meme (if you don’t know, click the link–It was the first I’d heard of such a [...]
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Paul Karlsgodt
Climate Change and Class Actions
Posted in Class Action News, Class Action Trends, Commentary, International Class Action Law, tagged australia class action, carbon offsets, carbon pollution reduction scheme, carbon trading, Class Action Trends, climate change, climate change class action, global warming, global warming class action, greenhouse case emissions, international class action, securities class action on September 22, 2008 | 1 Comment »
An article yesterday in the Australian newspaper The Age quotes Australian “climate change lawyer” Renee Garner as predicting a trend in securities class actions for companies’ failure to disclose information about their carbon output, information that she says will arguably impact on a company’s value given the likely implementation of a Carbon Pollution Reduction Scheme in Australia. Earlier [...]
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