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Archive for August, 2011

My submission to the SCOTUSblog Class Action Symposium is now available for viewing.  Click the title below for the link: The October 2010 Supreme Court Term in review: For defendants, life returns to normal after the celebration ends

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The award-winning U.S. Supreme Court blog SCOTUSblog is presenting a symposium on recent Supreme Court developments in the area of class actions that you won’t want to miss.  Click here for an introduction to the symposium and here to see a list of the various contributions as they are released. I’m extremely honored to be listed [...]

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It’s not too late to sign up for tomorrow’s Strafford Publications Webinar Class Certification After Dukes, Bayer and Halliburton Rulings.   As a preview, here is a copy of the written materials for my portion of the presentation, Opposing Class Certification After Dukes, Bayer and Halliburton.  I hope you can make it.  

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As I have noted in a series of posts recently, class action settlement objectors should not be taken lightly.  (See this August 1, 2011 post and others cited within).  Last week, the Second Circuit Court of Appeals offered an excellent case in point in its decision in In re Literary Works in Electronic Databases Copyright Litigation, No. [...]

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In an entry entitled Concepcion, Four Long Months Later, I summarized several decisions evaluating class arbitration waiver provisions following the Concepcion decision.  I neglected to include the case of NAACP of Camden County East v. Foulke Management Corp., ___ N.J. Super. ___ (App. Div. 2011), in which a New Jersey state appellate court held an arbitration provision unenforceable under state law [...]

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Class action news has slowed a bit over the Summer months, at least compared to the non-stop action we witnessed this Spring.  But one area that has seen continued development in the past few months has been the area of class arbitration waivers, where several lower court decisions have been issued in the wake of AT&T Mobility LLC v. Concepcion.  A view [...]

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For those of you who simply can’t get enough of the Supreme Court’s recent class action rulings, I will be speaking in an upcoming live phone/web seminar sponsored by Strafford Publications entitled “Class Certification After Dukes, Bayer and Halliburton Rulings.”   The Webinar  is scheduled for Tuesday, August 30, 1:00pm-2:30pm EDT.   Here is a summary: The [...]

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Raj Chohan and I recently co-authored an article entitled Class Action Settlement Objectors: Minor Nuisance or Serious Threat to Final Approval?, which appears on page 739 of the July 11, 2011 edition of the BNA Product Safety & Liability Reporter.  The article is only available online to subscribers, but the publisher gave me a box [...]

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