Debate about legal reforms outside the U.S. can often provide a revealing look at the strengths and weaknesses of the U.S. legal system. For policymakers in other countries, U.S. consumer protection laws can be the gold standard for access to justice and, at the same time, the epitome of litigiousness run amok. As an example, check out today’s column from Globe and Mail law reporter [...]
Archive for November, 2010
Could Proposed Product Recall Law Mean More Class Actions in Canada?
Posted in class action reform, Class Action Trends, International Class Action Law, tagged canada class action, canadian class action, Class Action Trends, class actions in canada, consumer class action, consumer protection, International Class Action Law, product recall on November 30, 2010 | Leave a Comment »
Are Reports of the Demise of Class Actions in the UK Greatly Exaggerated?
Posted in class action reform, Class Action Trends, International Class Action Law, tagged antitrust, british airways class action, civil procedure rule 19.6, collective action, International Class Action Law, lord justice mummery, Micawberish, representative action, UK class action on November 22, 2010 | Leave a Comment »
Emerald Supplies Ltd. v. British Airways PLC is already being heralded as a rejection of US-Style class actions in the UK, but my reading of the opinion leaves the question far from settled. The opinion falls far short of foreclosing the possibility of a representative action in every case where the plaintiffs’ interests are not literally identical. In fact, the [...]
Strong on the Future of International Class Arbitration
Posted in Articles, Class Action Trends, tagged class arbitration, collective arbitration, international arbitration, International Class Action Law, international class arbitration on November 19, 2010 | Leave a Comment »
University of Missouri Law Professor S.I. Strong, guru of international class arbitration, has two new intriguing publications coming out soon. In both works, she discuss the academic debate about the appropriate international arbitration rules for dealing with large groups of similar claims and discuss the ways in which multi-party or representative procedures are likely to evolve outside the United States. Strong examines the [...]
Proponents of US-Style Class Actions in the UK Suffer a Setback
Posted in Class Action News, class action reform, Class Action Trends, International Class Action Law, tagged british airways, British class action, class action, collective action, collective redress, England and Wales, International Class Action Law, representative action, UK on November 18, 2010 | Leave a Comment »
(Editor’s note – Revised at 6:26 p.m. MST to include link to the decision. See below) As reported by Jane Croft and Pilita Clark at the Financial Times and Eric Larson at Bloomberg, the Court of Appeal of England and Wales ruled yesterday that an antitrust suit filed by two shipping businesses against British Airways may not go forward as a [...]
AT&T Mobility v. Concepcion – summary of oral argument
Posted in Class Action News, Supreme Court Decisions, Uncategorized, tagged alito, AT&T Mobility, class action waiver, class arbitration waiver, concepcion, FAA, ginsburg, kagen, pincus, scalia, supreme court scotus on November 17, 2010 | 3 Comments »
The Supreme Court heard argument last week in the case that many commentators were calling a possible death knell for consumer class actions. (See previous CAB posts on Nov. 4, 2010 and Nov. 9, 2010) So does the future of consumer class actions still seem dire after oral argument? The basic issue is whether the [...]
Class Action Blogosphere Periodic Review
Posted in Class Action Decisions, Class Action News, Class Action Trends, Consumer Class Actions, Employment Class Actions, Securities Class Actions, Supreme Court Decisions, tagged all writs act, ascertainability, AT&T Mobility, class action waiver, class arbitration waiver, collateral estoppel, concepcion, consumer class action, expert witness discovery, fast food class action, hooters, mcdonald's class action, oppression remedy, rule 26(a)(2), securities class action, wage and hour class action on November 9, 2010 | 2 Comments »
It’s back! We can’t promise that it will appear weekly, so we changed the name to Class Action Blogosphere “Periodic” Review. But, as always, we have combed through our favorite blogs and news feeds to bring our readers up to speed on a some of the notable developments in class action news. The End of [...]
Supreme Court to Hear Argument on FAA Preemption in Cases Involving Class Arbitration Waivers
Posted in Class Action Trends, Supreme Court Decisions, tagged at&t mobile, class arbitration waivers, concepcion, FAA, federal arbitration act, preemption, scotus, Supreme Court, unconscionability on November 4, 2010 | 2 Comments »
The U.S. Supreme Court will hear oral argument next week in a case involving one of the hottest issues in class action law these days, the enforceability of class arbitration waivers. Class arbitration waivers are contract clauses that require arbitration, combined with an agreement to waive the right to pursue any dispute as a class action. AT&T [...]

