The Supreme Court recently issued a decision addressing the issue of class arbitration. In Stolt-Nielson S.A. v. Animalfeeds International Corp., No. 08-1198 (April 27, 2010), an antitrust class action involving allegations of illegal price-fixing by international shipping companies, the Court held that an arbitration panel’s decision to force class arbitration was invalid because the arbitration agreement was silent about whether arbitration could proceed [...]
Archive for May, 2010
Class Arbitration as a Global Class Action Forum? Supreme Court Says No.
Posted in Class Action News, International Class Action Law, Supreme Court Decisions, tagged class arbitration, FAA, federal arbitration act, global class action, International Class Action Law, Supreme Court on May 11, 2010 | 1 Comment »
Strategies for Pursuing Appellate Review under FRCP 23(f), Or Not, Part Deux
Posted in Uncategorized on May 11, 2010 | Leave a Comment »
Strafford Publications is scheduling an encore presentation of the riveting CLE teleconference: Rule 23(f) Class Certification Appeals Strategies for Pursuing or Opposing Appellate Review in the Absence of Clear Standards This program was first presented in January 2009, and apparently folks liked it enough to justify a reprise. Check back here over the next few weeks for more [...]
NERA Economic Consulting Reports on Securities Class Action Trends in Australia
Posted in Class Action Trends, International Class Action Law, tagged australia class action, australian class action, Class Action Trends, International Class Action Law, NERA, securities class action on May 6, 2010 | Leave a Comment »
NERA Economic Consulting has published its first study on trends in securities class actions in Australia. The study covers a variety of topics, including numbers of filings, industries targeted, and settlement amounts. However, what I found to be of particular interest is the study’s focus on the impact of private litigation funding.
Recent Trends in Federal Class Certification Standards
Posted in Class Action Decisions, Class Action Trends, Federal Civil Procedure, rule 23, tagged american honda motor, class certification, class certification standard, class certification trends, daubert, dukes v. wal-mart, eisen, expert testimony, frcp 23, in re ipo, regression analysis, rigorous analysis, rule 23, statistical evidence on May 4, 2010 | 1 Comment »
I’m embarrassingly late in reporting on them, but I would be remiss if I did not mention two key recent United States Circuit Courts of Appeals decisions addressing the legal standards governing class certification under FRCP 23: In American Honda Motor Co. v. Allen, No. 09-8051 (7th Cir., April 7, 2010) the Seventh Circuit held that a district court abused [...]


Elena Kagan and Class Actions
Posted in Class Action News, tagged across-the-board, class action commentary, elena kagan, falcon, kagan, sotomayor, u.s. supreme court, unity of interest on May 18, 2010 | Leave a Comment »
When the Supreme Court nomination of then-Judge Sonia Sotomayor was announced, I put together this summary of her fairly significant judicial record on class action issues. Finding any record on class action issues for current nominee Elena Kagan has been more of a challenge, since she has not served as a judge. However, Solicitor General Kagan does have a background [...]
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