It’s been a while since his last posting, but Vancouver, B.C. attorney Ward Branch’s latest entry on Class Actions in Canada has been worth the wait. He has a synopsis on what appears to be every Canadian class action decision of note in recent memory. If you’re looking to get up to date on the [...]
Archive for March, 2010
Get Your Canadian Class Action News Here (Well, Not Here, But…)
Posted in International Class Action Law, Class Action Decisions, tagged canadian class action, International Class Action Law, canada class action, class actions in canada on March 30, 2010 | Leave a Comment »
Supreme Court Justices Take on Foreign-Cubed Problem
Posted in Class Action News, Class Action Trends, Securities Class Actions, Supreme Court Decisions, tagged f-cubed, foreign cubed, morrison, scotus, securities class action, Supreme Court, transnational class action on March 30, 2010 | Leave a Comment »
The United States Supreme Court heard oral argument Monday in the foreign cubed securities class action Morrison v. National Australia Bank, Ltd., Case No. 08-1191. A copy of the transcript is available on the Court’s website. Professor Hannah L. Buxbaum, Executive Associate Dean for Academic Affairs at the Indiana University Maurer School of Law at Bloomington, has [...]
CAFA Jurisdiction Survives Decertification
Posted in CAFA Requirements, Class Action Decisions, tagged Baker Hostetler, CAFA, certification, Class Action Fairness Act, decertification, diversity jurisdiction, posner, seventh circuit on March 23, 2010 | Leave a Comment »
While browsing the news today, I came across an informative class action-related snippet on www.lexology.com apparently authored by someone at my firm. (I’m not sure specifically whom to credit for the tip, I just know it wasn’t me.) The article summarizes a January 2010 decision authored by Seventh Circuit Court of Appeals Judge Richard Posner regarding the impact [...]
California Class Action Bill “Died at Desk”
Posted in Class Action News, class action reform, rule 23, tagged california class action, california class action bill, california class action rule, class action reform, class action rule, rule 23 on March 16, 2010 | Leave a Comment »
A proposed bill to amend the California Code of Civil Procedure to create a class action rule similar to Rule 23, Federal Rules of Civil Procedure, has apparently failed for the time being. Among other things, ABX8 38 would have replaced Code of Civil Procedure Section 382 with a rule setting forth more specific, statutory prerequisites to class certification, similar to [...]
Fighting Fire with Fire
Posted in Class Action Humor, Class Action News, tagged class action defense strategy, class action filing, class action PR, class action press release, frivolous class action, frivolous lawsuit, groupon on March 7, 2010 | 1 Comment »
Are you a company faced with the prospect of having to defend a class action lawsuit that you believe is frivolous? You have many options, but unfortunately, none of them are all that palatable. You can settle for big bucks right away, you start paying some superstar class action defense lawyer hundreds of dollars an [...]
Supreme Court Embraces Nerve Center Test
Posted in Class Action Decisions, Class Action Fairness Act, Federal Civil Procedure, Supreme Court Decisions, tagged 28 U.S.C. 1332, CAFA, Class Action Fairness Act, class action removal, diversity jurisdiction, nerve center, principal place of business, removal on March 2, 2010 | 1 Comment »
On February 23, the Supreme Court issued its decision in Hertz Corp. v. Friend, No. 08-1107, in which it adopted the “nerve center” test as the proper approach for determining a corporation’s principal place of business for diversity jurisdiction. The Court stated that it was adopting a single test among the numerous approaches previously employed by the [...]
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