Editor’s note: Earlier this month, I posted an entry entitled Class Action Claims Aggregators, the Latest Innovation in Entrepreneurial Litigation, an admittedly glib post that inaccurately described the phenomenon of private companies aggregating class action settlement claims for clients as a new one. As it turns out, these services have existed for years. Adam Savett, attorney and Director [...]
Archive for April, 2011
Setting the Record Straight on Class Action Claims Aggregators
Posted in Articles, Class Action Trends, tagged antitrust class action, claims compensation bureau, class action claims aggregator, class action settlement, securities class action on April 28, 2011 | Leave a Comment »
Supreme Court Finds in Favor of Class Arbitration Waivers
Posted in Supreme Court Decisions, tagged arbitration waiver, class arbitration waiver, concepcion, FAA, scalia, Supreme Court on April 27, 2011 |
In the first of four highly anticipated rulings on class action issues this term, the United States Supreme Court has handed down a major victory for business interests. In a 5-4 decision in AT&T Mobility LLC v. Concepcion, No. 09-893, the conservative majority held that the Federal Arbitration Act pre-empts state contract law principles in determining the [...]
Public Interest Objectors in Class Action Settlements
Posted in Articles, Class Action Settlements, Practice Tips, tagged appropriate government official, class action notice, class action settlement, coupon settlement, cy pres, nonprofit objector, organized objector, professional objector, public interest objector, reversion on April 21, 2011 | 1 Comment »
Recently, I have commented on two types of objectors in class action settlements. This March 31 entry discusses the problem of so-called “professional” objectors. And this April 12 entry addresses objections raised by government officials. There is at least one other type of organized objectors to class action settlements: public interest organizations. (I use the term “organized objectors” to distinguish these types [...]
Class Action Claims Aggregators, the Latest Innovation in Entrepreneurial Litigation
Posted in Class Action Trends, tagged class action aggregator, class action settlement, investor, liquidclaims, sec enforcement, securities class action, securities fraud, settlement administrator, settlement claim on April 14, 2011 | 1 Comment »
An article published Tuesday by John D’Antona Jr. at Trader’s Magazine Online News entitled Getting a Piece of the Class Action Pie discusses a creative new idea for making a buck on class action settlements. The article discusses a service offered by a New Jersey financial technology company called LiquidClaims, Inc. According to the article, LiquidClaims has an algorithm that matches [...]
When 36 AGs Object to Your Class Action Settlement, That’s Not a Good Sign
Posted in CAFA Requirements, Class Action News, Commentary, tagged amicus, amicus brief, appropriate government official, attorney general, CAFA, class action notice, coupon settlement, directbuy, parens patriae on April 12, 2011 | 5 Comments »
Rita Robinson, who writes the Boomer Consumer blog for the Seattle Post-Intelligencer, posted an entry titled Attorneys general oppose DirectBuy’s class-action lawsuit settlement discussing an amicus brief filed by Attorneys General from 34 states, Puerto Rico, and the District of Columbia objecting to a proposed settlement in a consumer fraud class action brought against online wholesale club DirectBuy, Inc. in the U.S. [...]
Is the Key to Class Actions Under FRCP 23(b)(2) that the Plaintiff Seeks “Equitable” Relief, or that the Plaintiff Seeks “Monetary” Relief?
Posted in Class Action Decisions, Employment Class Actions, Federal Court Decisions, rule 23, tagged 23(b)(2), back pay, class action, dukes, employment discrimination, equitable, injunctive relief, monetary, posner, wal-mart on April 7, 2011 | Leave a Comment »
Last week, Seventh Circuit Court of Appeals Judge Richard Posner authored an opinion addressing one of the key issues awaiting a ruling by the United States Supreme Court this term, holding that an employment discrimination class action seeking back pay could not be certified under FRCP 23(b)(2). Here is a relevant excerpt from the opinion, Randall v. Rolls-Royce Corp., No. 10-3446, [...]
BREAKING NEWS: Supreme Court Issues General Injunction Prohibiting All Gender Disparity in Hiring and Promotion
Posted in Class Action Humor, tagged april fool's day on April 1, 2011 | 1 Comment »
What started off as an almost tongue-in-cheek line of questioning from Justice Antonin Scalia to attorney Joseph M. Sellers in Tuesday’s Wal-Mart v. Dukes oral argument has become the foundation for a watershed decision on gender equality: JUSTICE SCALIA: [what] your answer assumes is if there is a disparity between the advancement of women and the advancement of [...]
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What Fraud Claims Make for a Good Class Action? Justice Breyer has an Idea.
Posted in Commentary, Securities Class Actions, Supreme Court Decisions, tagged breyer, erica p. john fund, fraud, fraud on the market, halliburton, oral argument, presumed reliance, presumption of reliance, reliance, scotus, securities fraud, Supreme Court on April 25, 2011 | Leave a Comment »
The United States Supreme Court heard oral argument today in the case of Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. A transcript of the argument is now available on the Court’s website. Erica P. John Fund involves the appropriate standard for assessing class certification in securities fraud cases brought under the “fraud [...]
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