UPI contributor Michael Kirkland published a recent article entitled Is Class Action on Its Last Shaky Legs, in which he quotes several legal experts as predicting that the Supreme Court’s recent rulings in Wal-Mart Stores, Inc. v. Dukes and AT&T Mobility LLC v. Concepcion could spell the end of the class action lawsuit. But, near the end of [...]
Archive for September, 2011
Class Actions Won’t Die this Easily
Posted in Articles, Class Action Trends, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class action, concepcion, death knell, dukes, Supreme Court, wal-mart on September 29, 2011 | 1 Comment »
BNA Article: Class Action Settlement Objectors: Minor Nuisance or Serious Threat to Approval?
Posted in Articles, Practice Tips, tagged attorney general, bna, bna reporter, class action, class action settlement, fairness hearing, final approval, government objector, non-profit objector, nonprofit objector, objector, professional objector, public interest objector, settlement objector on September 15, 2011 | Leave a Comment »
For those of you who hadn’t already seen it, here is a link to an article that Raj Chohan and I co-authored entitled Class Action Settlement Objectors: Minor Nuisance or Serious Threat to Approval? which was published in both the BNA Product Safety Reporter & Liability and Class Action Litigation Report several weeks ago. I had asked for and received [...]
Don’t Miss the Upcoming Strafford CLE Webinar on Statistics in Class Actions
Posted in CLE Programs, tagged class actions, class certification, daubert, descriptive statistics, dukes, expert testimony, expert witness, inferential statistics, regression analysis, shreck, statistical evidence, statistician, statistics, wal-mart on September 14, 2011 | Leave a Comment »
I’m very excited to be speaking at an upcoming Strafford Publications CLE webinar entitled: Statistics in Class Action Litigation: Admissibility and the Impact of Wal-Mart v. Dukes. The program is scheduled for Thursday, October 6, at 1:00pm-2:30pm EDT. This is a beefed up version of a presentation that Justin Hopson and I did for the Colorado Bar Association class actions [...]
5th Annual Conference on the Globalization of Class Actions and Mass Litigation, December 8-9, 2011
Posted in CLE Programs, International Class Action Law, tagged global class action, globalization, hensler, hodges, international class action, tilburg on September 13, 2011 | 1 Comment »
The avid reader of CAB (maybe there are more than one of you now, but I don’t want to be presumptuous) will notice that I often comment on developments in class and collective actions outside the United States. If you really want to keep abreast of the exiting trends in representative and multi-party litigation around the [...]
Southern District of Florida Holds that Arbitration Agreements May Still Be Found Unconscionable Under State Law After Concepcion
Posted in Class Action Decisions, Federal Court Decisions, tagged arbitration agreement, AT&T Mobility, checking account overdraft, class arbitration waiver, concepcion, FAA, preemption, southern district of florida, state law on September 6, 2011 | Leave a Comment »
Thanks to New York attorney William R. Weinstein for tipping me off to another hot-off-the-presses decision addressing class arbitration waivers following AT&T Mobility v. Concepcion. In an order entered September 1, 2011 in the MDL case In re Checking Account Overdraft Litigation, Judge James Lawrence King of the U.S. District Court for the Southern District of [...]
Mexico Joins the Class Action Club
Posted in International Class Action Law, tagged class action reform, collective action, international class action, latin america class action, mexican class action, mexican collective action, mexico on September 6, 2011 | 1 Comment »
On Friday afternoon, I received a comment to a December post entitled Are Class Actions About to Make a Run for the Border? that deserved a more conspicuous mention. The comment came from Mexican attorney Jorge de Hoyos Walther, who had the following update on the status of legislation in Mexico introducing collective actions: In April 2011 [...]
Third Circuit Applies a Broad Reading of Concepcion
Posted in Class Action Decisions, Commentary, Federal Court Decisions, tagged AT&T Mobility, class action waiver, class arbitration, class arbitration waiver, concepcion, FAA, litman, Supreme Court, third circuit on September 1, 2011 | Leave a Comment »
My recent SCOTUSblog post on the October 2010 Supreme Court Term class action decisions does not address an important decision from the Third Circuit Court of Appeals, which was issued last week. In Litman v. Cellco Partnership, the Third Circuit held that New Jersey decision holding class arbitration waivers unconscionable was preempted by the Federal Arbitration Act. To [...]
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Debate over Wisconsin Class Action Rule Takes on Increased Significance After Recent Supreme Court Decisions, Arrrr
Posted in class action reform, Class Action Trends, Commentary, tagged bayer, class certification, concepcion, dukes, federal class action, forum shopping, frcp 23, rule 23, shady grove, state class action, state court class action, wisconsin class action, wisconsin lawyer on September 19, 2011 | Leave a Comment »
As I noted in my post a few weeks ago for the SCOTUSBlog class action symposium, one issue to which I’m paying particularly close attention these days, particularly in the wake of the Supreme Court’s recent decisions in Shady Grove, Concepcion, Bayer and Dukes, is whether the state court class certification standards begin to diverge from [...]
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