Matt Masich of Law Week Colorado has a good article out today previewing oral arguments scheduled for tomorrow in four class-action related cases. The outcome of these cases could have a dramatic effect on class action practice in the state. The issues to be considered include the proper standard for reviewing class certification, the burden of proof on class certificeation, the [...]
Archive for February, 2011
Colorado Supreme Court to Hear Oral Argument in Four Class Action Cases
Posted in Class Action News, Colorado Civil Procedure, Colorado Class Action News, tagged c.r.c.p. 23, class certification, class certification standard, colorado class action, colorado rules of civil procedure, colorado supreme court, common proof, crcp 23, daubert, fraud on the market, presume reliance, presumed reliance, presumption of reliance, rigorous analysis, schrek on February 28, 2011 | Leave a Comment »
Don’t Miss the CAFA Removal and Remand Developments Seminar, March 29, 2011
Posted in CAFA Requirements, Class Action Trends, CLE Programs, tagged 28 U.S.C. 1332, 28 U.S.C. 1441, amount in controversy, CAFA, CAFA removal, cappuccitti, Class Action Fairness Act, CLE program, diversity jurisdiction, eleventh circuit, removal, strafford publications on February 24, 2011 | Leave a Comment »
I will be speaking in an upcoming live phone/web seminar on CAFA removal issues sponsored by Strafford Publications. Here is some information about the program: CAFA Removal and Remand: Latest Developments Tuesday, March 29, 1:00pm-2:30pm EDT Program Description: Jurisdictional ambiguities in the CAFA statute continue to challenge litigators. One example is the Eleventh Circuit’s Cappuccitti [...]
BH Executive Alert: Seventh Circuit Issues Significant Decision on Consumer Injunctive Relief Class
Posted in Class Action Decisions, Consumer Class Actions, Federal Civil Procedure, Federal Court Decisions, tagged 23(b)(2), Baker Hostetler, injunctive class action, injunctive relief, kartman, seventh circuit on February 24, 2011 | Leave a Comment »
The Baker Hostetler website has a new Executive Alert discussing the Seventh Circuit Court of Appeals’ decision in Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830, and its potential implications. Kartman addressed, among other things, the applicability of Rule 23(b)(2) to consumer class actions in which the ultimate goal is [...]
Shockingly, Study Finds that Many Class Action Notices Don’t Comply with the Rules
Posted in Class Action News, Class Action Trends, Reports and Surveys, tagged class action notice, class notice, federal judicial center, fjc, frcp 23, frcp 23(c)(2)(B), leclercq, plain language notice, publication notice, wheatman on February 18, 2011 | 3 Comments »
Class action notice expert and occasional CAB guest blogger, Dr. Shannon Wheatman, has a must-read article coming out on trends in class action notices. The article, co-authored with plain language expert, Dr. Terri R. LeClercq, is being published in the University of Texas law journal The Review of Litigation and will be titled Majority of Class Action Publication Notices Fail [...]
Pennsylviana Federal Court Says Objective Standard Governs Willfulness Analysis under FACTA
Posted in Class Action Decisions, Class Action Trends, Federal Court Decisions, tagged anihilating liability, bateman, FACTA, facta class action, FACTA truncation, objective standard, statutory penalty, willfulness on February 14, 2011 | 2 Comments »
Over the weekend, John Papianou, class action defense lawyer and Partner at Montgomery, McCracken, Walker & Rhoads, sent me a copy of Long v. Tommy Hilfiger U.S.A. Inc., No. 09-1701 (W.D. Pa., February 11, 2011) (link courtesy of www.justia.com), an interesting decision involving the Fair and Accurate Transactions Act of 2003 (“FACTA”), 15 U.S.C. §§ 1681c(g), 1681n(a)(1)(A). [...]
The “Reverse Class Action”: An Old Idea with a Shiny New Package
Posted in Class Action Trends, Commentary, tagged 23(b)(1), 23(b)(2), copyright class action, copyright infringment, defendant class, dukes, dukes v. wal-mart, p2p, reverse certification, reverse class action, reverse class certification, wal-mart v. dukes on February 7, 2011 | 1 Comment »
The seemingly revolutionary concept of a “reverse class action” has gotten some attention from the technical media lately, in reference to efforts by the holder of a copyright to seek common relief against a group of alleged infringers. As pointed out earlier today by Mike Masnick in this entry on his blog TechDirt, “reverse class action” in this context is actually a procedural [...]
Which Side Would Hemingway Pick? Collective Redress Battles Privacy Rights in Spain
Posted in Class Action Trends, International Class Action Law, tagged ADICAE, BBVA, collective action, collective action notice, Data Protection Act, european class action, european collective action, international class action, opt in, spain, spanish, spanish class action on February 3, 2011 | Leave a Comment »
Berta Baz published this article yesterday in Money Market UK, which may be of interest anyone who tracks developments in class and collective actions abroad. The article discusses the tension between a collective action notice procedure and the Spanish Data Protection Act. According to the article, a Madrid court issued an order requiring the Spanish bank BBVA to produce electronic customer data [...]
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Minnesota House Considering Significant Consumer Class Action Reform Measures
Posted in Class Action News, class action reform, Commentary, tagged class action reform, consumer, consumer class action, consumer fraud, deceptive trade practices, democratic farmers labor party, minnesota, tort reform, unfair competition on February 10, 2011 | Leave a Comment »
According to this February 8, 2011 article from Lee Ann Schultz of the Twin Cities Daily Planet, the Minnesota legislature is considering a bill that, according to its sponsors, would curtail consumer class action litigation in the state. The bill, HF211, has three key provisions of interest, which would: limit private actions under three consumer protection statutes to [...]
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