Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Decisions Law and Insurance discusses a recent Texas Supreme Court decision holding that a duty to defend was triggered in the context of class actions in which the plaintiffs argued that an alleged product [...]
Archive for September, 2008
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, Other class action blogs, tagged attorneys fees, blawg review, blog review, canadian class action law, Class Action Decisions, Class Action News, class action review, Class Action Trends, class certification on September 9, 2008 | 1 Comment »
Not So Fast: The Push to Internationalize Securities Class Actions Hits a Bump in the Rue
Posted in Class Action Trends, Federal Court Decisions, International Class Action Law, tagged france collective action, french collective action, full faith and credit, international class action, preclusion, res judicata, securities class action, transnational class action on September 8, 2008 | 1 Comment »
In late July, I commented on a possible trend in courts allowing foreign investors to be included as class members in securities class actions filed in U.S. courts. At the time, the primary decision allowing foreign investors to be included in an opt-out securities class was In re Vivendi Universal, S.A. Sec. Litig., 242 F.R.D. 76 [...]
Class Actions as a Weapon to Stifle Democracy?
Posted in Class Action News, Class Action Trends, International Class Action Law, tagged Class Action Legislation, class action reform, democracy, dissent, freedom of speech, International Class Action Law, korean class action law on September 8, 2008 | 1 Comment »
A few weeks ago, I commented on legislation proposed in Korea that would allow people harmed by public protests to bring class action lawsuits against the protesters. On Friday, progressive Korean newspaper The Hankyoreh published an editorial criticising the proposal as anti-democratic effort to squelch peaceful dissent. The editorial discusses the use of class actions in the [...]
Private Litigation Funding Catching on in Loser Pays Jurisdictions
Posted in Class Action Trends, International Class Action Law, Other class action blogs, Securities Class Actions, tagged attorneys fees, australian class action, award of costs, award of fees, International Class Action Law, litigation funding, loser pays, securities class action, UK collective action on September 1, 2008 | 3 Comments »
Litigation funding by private corporations other than law firms or individuals who are not lawyers is generally prohibited here in the US, but the concept is catching on overseas, especially in jurisdictions that have a “loser pays” rule for allocating fees and costs. This recent entry from The D&O Diary summarizes an article predicting that the ability to assign of [...]
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Technically Speaking, You don’t “Join” a Class Action
Posted in Commentary, Other Representative Actions, rule 23, tagged class action procedure, class certification, join a class action, representative action, rule 23 on September 3, 2008 | 1 Comment »
As someone who reads a lot of news articles about class action lawsuits, I see a lot of technical misstatements by the media in reporting on the mechanics of class action procedure. To most casual readers, these errors may not be that important to the overall story about a particular lawsuit, so the distinctions that I [...]
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