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Archive for November, 2010

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 [...]

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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 [...]

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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 [...]

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(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 [...]

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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 [...]

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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 [...]

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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 [...]

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I’m excited to announce that the Colorado Bar Association Class Actions subsection is teaming up with the Labor & Employment Law Section to bring you CLE luncheon entitled: A Primer on Employment “Class Action” Litigation: Class Actions, Collective Actions, and EEOC Enforcement.  If you are interested in attending, please send me an email at pkarlsgodt@bakerlaw.com.   Date and Time: [...]

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