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Archive for December, 2009

Andrew J. Trask (twitterfeed: @classstrategist) of the international law firm, McGuire Woods, has a great new legal blog called Class Action Countermeasures.   The blog’s tagline is “Discussions of the Strategic Considerations Involved in Class Action Defense,” and it definitely lives up to that promise.  Here’s just a sample of the titles of insightful articles published on [...]

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I’m in Montana this week visiting family for the Holidays. Merry Christmas, and check back next week for new content.

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Cy pres awards continue to be a hot topic both in the news and in academia.  The latest contribution comes from Columbia law student Sam Yospe, whose article entitled Cy Pres Distributions in Class Action Settlements (Columbia Business Law Review, forthcoming) examines judicial discretion in choosing cy pres awards and makes practical suggestions for reform.  Yospe’s article [...]

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Vanderbilt law professor Brian T. Fitzpatrick has published a great new research paper titled The End of Objector Blackmail?  The paper discusses the problems of objectors blackmailing the parties to a class action settlement into paying them a portion of the fees at the threat of holding up final approval and resolution of the settlement.   Professor Fitzpatrick [...]

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Two of my greatest passions are class action law and NFL football, although not necessarily in that order.  So, my interest is always piqued when the two are combined.  Much to my delight, I came across this article from Rebecca Mowbray of The Times-Picayune that Saints Coach Sean Payton is the lead plaintiff in a putative class action filed in [...]

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The Fall 2009 edition of the ABA Class Action and Derivative Suits Committee’s newsletter CADS Report has some great articles on cutting-edge class action issues relating to class action litigation in state courts.  The topics include: 1) Use of state law equitable tolling to principles to resurrect a class action previously filed in state court; 2) Resolution of fact [...]

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The United States Supreme Court has granted certiorari to review the Second Circuit’s decision in the ”foreign-cubed” securities class action Morrison v. National Australia Bank, Ltd., No. 07-0583-cv (2d Cir. 2008).  The Second Circuit’s decision is discussed at some length in this October 28, 2008 CAB Entry.  The Supreme Court docket number is 08-1191.  The questions presented for review are [...]

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Labor and employment attorney and fellow Baker Hostetler partner, Todd Lebowitz, sent me a helpful reminder today about changes to the time calculation rules and time periods in the Federal Rules of Civil Procedure, Criminal Procedure, and Bankruptcy Procedure.  There are some significant changes, including: All dates are now calculated by counting all calendar days, not just business [...]

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