With the help of Kevin O’Keefe’s LexBlog, Baker Hostetler’s employment group has come blazing into the world of 21st century social media with its new law blog, aptly named Employment Class Action Blog. The quality entries submitted so far include case summaries, practice tips, legislative updates, and analysis covering a variety of employment class action-related topics. [...]
Archive for October, 2010
Baker Hostetler Employment Group Launches Employment Class Action Blog
Posted in Employment Class Actions, Other class action blogs, tagged amlaw 100, amlaw 200, baker & hosetler, Baker Hostetler, employment class action, employment litigation, lexblog on October 21, 2010 | Leave a Comment »
Eleventh Circuit Takes a Mulligan on Cappuccitti
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, tagged amount in controversy, CAFA, capppuccitti, Class Action Fairness Act, diversity jurisdiction, eleventh circuit on October 20, 2010 | 1 Comment »
The Eleventh Circuit Court of Appeals reversed itself just months after its widely reviled opinion in Cappuccitti v. DirecTV. In a per curiam opinion issued October 15, 2010, a three judge panel concluded, on rehearing, that the earlier Cappuccitti decision was simply “incorrect.” The key holding means that a plaintiffs’ class under CAFA does not [...]
Danger! Moose Crossing
Posted in Class Action Humor, International Class Action Law, tagged canadian class action, canadian class action law, class action against government, class actions in canada, moose class action, newfoundland class action on October 19, 2010 | 1 Comment »
According to this article from The Canadian Press and this one from the Ottawa Citizen, a lawyer in St. Johns, Newfoundland is considering suing the Province of Newfoundland and Labrador on behalf of a would-be class of people injured in collisions with moose. The theory would apparently be that the government was negligent in introducing moose into the [...]
Tolling the Summer Away
Posted in Class Action Decisions, Class Action Trends, Federal Civil Procedure, Federal Court Decisions, tagged Bright v. U.S., class action tolling, opt-in class action, RCFC 23, RCFC Rule 23, Rule of United States Court of Federal Claims 23, suing the federal government on October 18, 2010 | Leave a Comment »
Editor’s note: The following entry comes from my colleague, Raj Chohan, who has agreed to become a regular contributor to ClassActionBlawg.com. Raj joined Baker Hostetler this fall after graduating from the DU Sturm College of Law in May and successfully completing the Colorado bar exam in July. Law is Raj’s second career, following a successful first [...]
Colorado Class Action Filing Trends
Posted in Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, tagged CAFA, class action statistics, colorado class action, colorado class action filings, colorado class action statistics, colorado class action trends, removal on October 15, 2010 | 2 Comments »
I must have more readers than I thought, and some quality readers at that! Andrew Oh-Willeke, Denver lawyer and author of the blog Wash Park Prophet, posted this question as a comment to one of my recent posts, and it seemed like a great topic deserving of its own post: Do you know of any [...]
The Class Action Playbook: the Essential Reference for Class Action Practitioners
Posted in Lawyers' Resources, Practice Tips, Uncategorized, tagged ascertainability, class action book, class action playbook, class action practice guide, class action scholarship, class certification, class certification brief, numerosity, plain language notice, practice tip, trask on October 12, 2010 | 2 Comments »
Andrew Trask, author of the blog Class Action Countermeasures, recently sent me an advance copy of a new book that he co-authored with O’Melveny partner Brian Anderson: The Class Action Playbook (Oxford University Press 2010). The title is self-explanatory, and the book lives up to its name. It’s clear after just a few pages that the authors are [...]
ClassActionBlawg.com is Back, More Powerful than Ever Before
Posted in General Site Information, tagged class action blog on October 12, 2010 | 3 Comments »
To you, my very, very loyal reader (I have in mind a picture of Flight of the Conchords superfan, Mel, who by the way has her own blog): If you really have been waiting in anticipation for this post, you really should consider therapy. However, when I began my extended hiatus in June, I did promise to resume blogging this fall, and I [...]
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Practice Tip: Should a Defendant Challenge Certification Early and Often?
Posted in Commentary, Practice Tips, rule 23, Uncategorized, tagged benzing, class certification, decertification, frcp 12, frcp 23, halftime motion, motion for judgment n.o.v., motion to strike class allegations, reconsider, reconsideration, rule 12(b)(6), rule 12(f), rule 23(c)(4), rule 23(f), trial plan on October 28, 2010 | Leave a Comment »
This article is about defending against class certification based on illogical, circular arguments in support of an oversimplified “one-size-fits all” legal theory based on an amalgam of facts that don’t describe any one class member’s actual experience. (In other words, many defense lawyers would say, it’s about what you face in all class actions.) Most class action defense lawyers are aware of numerous procedural devices that [...]
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