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Archive for November, 2008

Class Action Blogosphere Weekly Review

Posted in Class Action Decisions, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, Reports and Surveys, tagged , , , , , , , , , , on November 29, 2008 | Leave a Comment »

CABWR Challenge of the Week Recap I’m very disappointed to have to report that last week’s “Lay Down the Gauntlet” Challenge of the Week did not generate a single vote or comment.  This means that I must arbitrarily assign a label for class actions filed against institutional investors for failing to make a claim in another [...]

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Lloyd’s/RAND Report Covers Key Trends in International Class Action Litigation

Posted in Class Action Trends, International Class Action Law, tagged , , , on November 25, 2008 | Leave a Comment »

Lloyd’s, in cooperation with RAND Europe and the RAND Institute of Civil Justice (ICJ), has issued an intriguing report on trends in transnational class action litigation and related topics entitled Litigation and Business: Transatlantic Trends.  The report covers three hot topics that will be of interest to anyone following developments in transnational and global class, [...]

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Balancing Ease of Participation and Fraud Prevention in Class Action Settlements

Posted in Class Action News, Commentary, tagged , , , , , on November 24, 2008 | 2 Comments »

Class action settlements are often criticized because claim verification requirements can seem onerous and seemingly intended to create a disincentive for class members to participate.  However, here is a story that may illustrate the legitimate rationale for including strict claims verification requirements. According to a report published today on Alibaba.com, six individuals have been charged in federal indictments for an [...]

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Comment on dit “public nuisance” en Québécois?

Posted in Class Action News, Class Action Trends, International Class Action Law, tagged , , , , , , , on November 22, 2008 | 1 Comment »

“Public nuisance” environmental class actions have not fared well in the U.S. recently, but apparently not so in Canada.  Close on the heels of the Rhode Island Supreme Court’s decision in Rhode Island v. Lead Industries Association, the Supreme Court of Canada has affirmed a Quebec Superior Court’s finding of liability based on the theory that a company’s emissions [...]

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New Federalist Society Class Action Watch Available

Posted in Class Action News, Class Action Trends, Other class action blogs, tagged , , , , , , on November 20, 2008 | 1 Comment »

The October 2008 issue of the Federalist Society’s Class Action Watch is now available for free download at the organization’s website (see link to the March 2008 issue here).  This installment includes articles on punitive damage limits, medical monitoring, the selection of lead counsel in securities class actions, product-based public nuisance cases, the impact of conflicts of state law on [...]

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Class Action Blogosphere Weekly Review

Posted in Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged , , , , , , , on November 19, 2008 | 1 Comment »

Class Action Blawgosphere Review “Lay Down the Gauntlet” Challenge of the Week In Monday’s ClassActionBlawg entry, I commented about the possibility of “nested” class actions, or class actions seeking damages for breach of fiduciary duty for failing to make a claim in another securities class action.  Bruce Carton of Securities Docket was quick to point out in response that not only was [...]

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ABA Journal Seeks Help with Legal Job Market Survey

Posted in Off Topic on November 18, 2008 | Leave a Comment »

I don’t have time for a full entry this evening because I’m off to the Sixth Annual Judicial Excellence in Colorado Dinner this evening, where my friend and role model, Denver County Court Judge Alfred C. Harrell, is among the honorees. However, the ABA Journal sent the following request to blawgers signed up on its Blawg Directory [...]

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Class Action Exposure for Failing to Claim Benefits in a Class Action Settlement?

Posted in Class Action News, Class Action Trends, International Class Action Law, Reports and Surveys, tagged , , , , , on November 17, 2008 | 6 Comments »

According to Sundeep Tucker of the Financial Times, a recent study by the Goal Group, a UK-based “class action services specialist,” found that Asian institutional investors were not taking advantage of settlement funds available in U.S. securities class action settlements.  The article points to a cultural aversion to “corporate confrontation” and perceptions about the complexity of the claims process [...]

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Collective Suit Filed over Tainted Milk in China After All

Posted in Class Action News, Class Action Trends, International Class Action Law, tagged , , , , on November 14, 2008 | 2 Comments »

Chinese lawyers have decided to pursue a collective action against the government-owned manufacturer of milk that sickened tens of thousands of people earlier this fall.  As discussed in this October 1, 2008 ClassActionBlawg entry, victims and their lawyers were slow to turn to the courts for redress due at least in part to pressure from government officials that pursue redress through [...]

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California Labor Law’s Extraterritorial Reach

Posted in Class Action Decisions, Class Action Trends, Federal Court Decisions, tagged , , on November 13, 2008 | Leave a Comment »

Baker Hostetler’s Employment and Labor Group issued an Executive Alert today on the Ninth Circuit Court of Appeals’ wage and hour decision in Sullivan et al. v. Oracle Corporation, (case no. 06-56649), where the court found that California state overtime rules apply to non-residents who perform work in California.  The group has this to say about the [...]

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