Colorado litigators, I hope you will consider attending our next Class Action Subsection Luncheon scheduled for next Thursday, June 30, 2011 at noon. The topic is “Statistics in the Courtroom.” I will be presenting the law, and my co-presenter, Justin Hopson of Hitachi Consulting, will be presenting the science. Among other things, we will analyze the [...]
Archive for June, 2011
Don’t Miss the Upcoming CBA Class Action Subsection Luncheon, “Statistics in the Courtroom”
Posted in CLE Programs, tagged cba, class action statistics, class action subsection, class certification, dukes, regression analysis, statistical evidence, wal-mart on June 23, 2011 | Leave a Comment »
Forget Dukes and Concepcion, Shady Grove Is Where It’s At
Posted in CLE Programs, Federal Civil Procedure, rule 23, Supreme Court Decisions, tagged class action, erie doctrine, federal preemption, frcp 23, hanna, preemption, procedural, rule 23, shady grove, substantive, Supreme Court on June 22, 2011 | Leave a Comment »
After the all the activity in the Supreme Court during the October 2010 term, why would anyone want to talk about a decision from the October 2009 term? Isn’t that kind of like showing off your new Blackberry Curve the day after they unveil the iPhone 4? I prefer to think about it this way–it’s like [...]
Supreme Court Says No to Class Certification in Wal-mart v. Dukes
Posted in Class Action Decisions, Employment Class Actions, Federal Court Decisions, Supreme Court Decisions on June 20, 2011 | 2 Comments »
As was widely expected, the Supreme Court has overturned class certification in what has been called the largest employment discrimination class action in history. The slip opinion in Wal-mart v. Dukes, No. 10-277, (S. Ct. June 20, 2011). is available at the Court’s website. The justices were unanimous in finding that Rule 23(b)(2) did not [...]
If at First You Don’t Succeed, Try, Try Again
Posted in Class Action Decisions, Class Action Fairness Act, Supreme Court Decisions, tagged anti-injunction act, CAFA, claim preclusion, collateral estoppel, frcp 23, home state, issue preclusion, kagan, local controversy, relitigation exception, rule 23, scotus, smith v. bayer, Supreme Court, u.s. supreme court, west virginia on June 16, 2011 | 2 Comments »
Earlier today, the Supreme Court issued its third of four class action-related decisions for the October 2010 term. In Smith v. Bayer Corp., No. 09-1205, the Court held that a federal court exceeded its authority when it issued an injunction preventing a state court from considering whether to certify a class on claims in which [...]
Canadian Moose Collision Class Action Is a … Go??!
Posted in Class Action Decisions, Class Action News, International Class Action Law, tagged canada class action, canadian class action, class certification, International Class Action Law, moose class action, moose collision, N.L. class action, newfoundland class action on June 7, 2011 | 1 Comment »
The premise sounds ridiculous, but maybe there’s more to it after all. This quote from moose collision class action lawyer Ches Crosbie sums it up: Six months ago when we launched this class action, most people in the province thought that we were a bit crazy. Count most observers from outside the province as sharing that [...]
2010-11 U.S. Supreme Court Class Action Tally: Defendants 1, Plaintiffs 1
Posted in rule 23, Securities Class Actions, Supreme Court Decisions, tagged erica p. john, fifth circuit, fraud on the market, frcp 23, preponderance, presumption of reliance, rule 23, securities class action, securities fraud on June 6, 2011 | Leave a Comment »
Just when we were starting to think that 2011 might mark the end of the great American class action… Today, the Supreme Court issued a unanimous decision reversing a denial of class certification in the securities class action Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403, slip op (June 6, 2011). In the opinion, authored by [...]
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Thoughts on Wal-Mart Stores, Inc. v. Dukes
Posted in Class Action Decisions, Commentary, Employment Class Actions, Federal Civil Procedure, Supreme Court Decisions, tagged adverse impact, class certification, daubert, dukes, employment class action, expert witness, ginsburg, rigorous analysis, rule 23, scalia, statistical evidence, statistical proof, Supreme Court, wal-mart on June 20, 2011 | 5 Comments »
Many commentators correctly that the decision in Wal-Mart Stores, Inc. v. Dukes would be favorable to business interests. However, unlike the Court’s earlier decision in AT&T Mobility v. Concepcion, the decision does not necessarily threaten to sound a death knell for class actions or even a particular category of class actions. Instead, the decision merely clarifies the standards on which future class actions are to [...]
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