The Wal-Mart v. Dukes argument was held as scheduled today. Here is a Wal-Mart v. Dukes Oral Argument Transcript. Some initial observations: The beginning of the defendant’s argument was focused on the proper standard for reviewing whether the plaintiff had sufficiently common evidence of a uniform policy. It was not until later in the defendant’s [...]
Archive for March, 2011
Wal-Mart v. Dukes Oral Argument Transcript
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged back pay, commonality, dukes, employment discrimination, ginsburg, injunctive relief, kagan, oral argument, predominance, rule 23(b)(2), scalia, sotomayor, Supreme Court, typicality, wal-mart on March 29, 2011 | 1 Comment »
Supreme Court Set to Hear Argument in Wal-mart v. Dukes Next Tuesday
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged 23(a), 23(b), 23(b)(2), back pay, class action, dukes, employment class action, frcp 23, injunctive, Supreme Court, u.s. supreme court, wal-mart on March 25, 2011 | Leave a Comment »
The United States Supreme Court will hold oral argument next Tuesday, March 29, 2011, in case of Wal-mart v. Dukes, No. 10-277. The issue for review, at least so far, according to order granting certiorari, is: Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) – which by its terms [...]
Cornerstone Research Issues Annual Report on Securities Class Action Settlements
Posted in Class Action Settlements, Class Action Trends, Reports and Surveys, Securities Class Actions, tagged "plaintiff-style" damages, accounting principles, class action settlement, cornerstone research, institutional investor, pslra, reform act, securities class action, securities class action settlement on March 16, 2011 | Leave a Comment »
Yesterday, Cornerstone Research published its annual report titled Securities Class Action Settlements–2010 Review and Analysis. Among the findings in this year’s report: The number of approved securities class action settlements was at a 10-year low The total dollar value of settlements decreased 17% from 2009 to 2010, The median settlement amount was up 40%, but the average [...]
Second Circuit Deals Another Blow to Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Federal Court Decisions, tagged arbitration, arbitration waiver, class action waiver, class arbitration waiver, FAA, federal arbitration act, public policy, second circuit, sotomayor, stolt-nielsen on March 9, 2011 | 2 Comments »
Class arbitration waivers are contract provisions that require disputes be submitted to arbitration but also expressly preclude the arbitration from being conducted on a representative or class basis. Class arbitration waivers have been a hot topic in class action litigation over the past few years, as some courts have found that in certain contexts that the are unenforceable in violation of public [...]
Audio for Colorado Supreme Court Arguments on Class Actions Available
Posted in Class Action News, Colorado Class Action News, rule 23, tagged causation, colorado class action, colorado supreme court, consumer fraud, garcia, medved, patterson, pb america, presumed reliance, reliance on March 1, 2011 | Leave a Comment »
The audio feeds for the arguments in three of the four class-action related cases heard today by the Colorado Supreme Court are now available on the court’s website. Here are some links: 09SC1080 Garcia v. Medved 10SC214 BP America v. Patterson 10SC77 – State Farm v Reyher
Schonbrun: Are Statutory Penalty Class Actions WMDs?
Posted in class action reform, Commentary, tagged class action, class action criticism, class action reform, class action watch, conspicous, FACTA, fcra, schonbrun, statutory penalty, weapons of mass destruction on March 1, 2011 | Leave a Comment »
Class Action Watch executive director Lawrence W. Schonbrun has an opinion piece in yesterday’s Huffington Post entitled The Class Action Mess in a Nutshell. In the article, he questions whether the same “weapons of mass destruction” label that Warren Buffet gave to financial derivatives should apply equally to class action lawsuits. As an example, he offers a [...]
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Warding Off “Professional” Objectors to Class Action Settlements
Posted in class action reform, Class Action Settlements, Commentary, Practice Tips, tagged class action, class action reform, class action settlement, collusion, objection, predatory, professional objector, settlement notice on March 31, 2011 | 3 Comments »
Legal commentator and unabashed crusader for class action reform, Lawrence W. Schonbrun, has a new article on The Huffington Post discussing so-called “professional” objectors in class action lawsuits. Schonbrun criticizes what he believes is hypocrisy in plaintiffs’ class action lawyers attempting to vilify those who seek to object to class action settlements for profit because, in his view, many class [...]
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