The Colorado Supreme Court’s highly anticipated rulings in four class actions were announced earlier today. Here are links to the opinions. I’ll have more commentary on the four decisions soon: No. 09SC668 – Jackson v. Unocal Corp. – Judgment Reversed (class certification upheld) - Addresses the burden of proof on class certification. No. 09SC1080 – Garcia v. [...]
Archive for October, 2011
Colorado Supreme Court Issues Four Decisions Addressing Class Action Issues
Posted in Class Action Decisions, Class Action News, Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, tagged asbestos, bp america, burden of proof, causation, class cert, class certification, class-wide proof, colorado supreme court, common evidence, common proof, crcp 23, garcia, jackson, medved, patterson, preponderance, reliance, reyher, rigorous analysis, rule 23, state farm, unocal on October 31, 2011 | Leave a Comment »
Disgraced Class Action Lawyer Enjoying the Good Life
Posted in Class Action News, class action reform, tagged class action, class action reform, coia, enron, fee splitting, kick-back, lerach, milberg, scandal, tort reform on October 26, 2011 | Leave a Comment »
A recent article by Ann Woolner of Bloomberg offers an interesting profile of class action pioneer William Lerach, who has been traveling the world and relaxing in his seaside mansion since his release from prison last year. Lerach was convicted in 2007 for his part in a kick-back scheme in which lawyers agreed to split fees with clients in order to convince [...]
Notes From the 15th Annual National Institute on Class Actions
Posted in Class Action Trends, CLE Programs, tagged at&t, AT&T Mobility, class action, class action notice, class action trial, class notice, concepcion, discover bank, dukes, empire cases, iqbal, kinsella, national institute, objector, plain language notice, professional objector, twombly, wal-mart, weinstein, wheatman on October 17, 2011 | 1 Comment »
I was not able to attend the ABA National Institute on Class Actions program in New York City last week, but class action notice expert and occasional CAB contributor, Dr. Shannon R. Wheatman, Vice President, Kinsella Media (swheatman@kinsellamedia.com), was there and she graciously agreed to send me her notes of what sounds like another great [...]
Supreme Court Considers New Attack on Enforceability of Arbitration Agreements
Posted in Class Action News, Supreme Court Decisions, tagged arbitration, arbitration agreement, class action, class action waiver, class arbitration waiver, compucredit, concepcion, consumer class action, consumer rights, croa, FAA, federal arbitration, greenwood, oral argument, scotus, Supreme Court on October 11, 2011 | Leave a Comment »
It has only been a few months since the Supreme Court issued its decision in AT&T Mobility v. Concepcion, holding that state laws holding class arbitration waivers unenforceable as against public policy are preempted by the Federal Arbitration Act (FAA), and the Court is already considering a new case involving the enforceability of arbitration agreements in consumer contracts. [...]
More on Mexico’s New Class Action Law
Posted in Class Action News, class action reform, Class Action Trends, International Class Action Law, tagged class action frontier, Class Action Legislation, cross-border class action, International Class Action Law, latin america, latin america class action, mexican class action, mexican collective action, mexico, transnational class action on October 10, 2011 | 3 Comments »
A recent CAB post entitled Mexico Joins the Class Action Club provided an update from Mexican attorney Jorge de Hoyos Walther on the passage of recent legislation in Mexico introducing class actions. If that post piqued your interest, check out this new article authored by Catherine Dunn for Corporate Counsel magazine (available at Law.com) entitled Mexico’s [...]
Baker Hostetler Employment Class Action Newsletter Highlights Key Class Action Developments
Posted in Class Action Decisions, Class Action Trends, Other class action blogs, tagged arbitration, AT&T Mobility, Baker Hostetler, class action, class action waiver, class arbitration, class arbitration waiver, class certification, concepcion, daubert, dukes, expert testimony, FAA, wal-mart on October 5, 2011 | Leave a Comment »
Today’s edition of the Baker Hostetler Employment Class Actions Newsletter has two great articles worth noting. My colleague here in Denver, Holli Hartman, authored an article summarizing developments in challenges to class arbitration waivers following the Court’s decision in AT&T Mobility LLC v. Concepcion. Cleveland Partner Greg Mersol and Summer Associate George Skupski contributed an entry examining the application [...]
Roundup of Recent Federal Court of Appeals Decisions on Class Action Issues
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, tagged amount in controversy, CAFA, chimei, circuit court of appeals, cy pres, easterbrook, federal court of appeals, fifth circuit, fourth circuit, keeling, klier, ninth circuit, parens patriae, punitive damages, remand, removal, seventh circuit on October 4, 2011 | Leave a Comment »
Having been focused on several other speaking and writing projects recently (in addition to my day job), it’s taken longer than I had hoped to comment on several recent class-action-related decisions by the federal circuit courts of appeals. Here’s a brief summary of three recent decisions of note: Washington State v. Chimei Innolux Corp., No. 11-16862 [...]
Don’t Forget to Sign Up for Our Webinar on Statistics in Class Actions, this Thursday at 1:00 PM EDT
Posted in Class Action Trends, CLE Programs, tagged class actions, daubert, dukes, expert testimony, regression analysis, statistical, statistics, wal-mart on October 3, 2011 | Leave a Comment »
It’s not too late to sign up for this Thursday’s Strafford Publications Webinar, entitled Statistics in Class Action Litigation: Admissibility and the Impact of Wal-Mart v. Dukes. Click the link on the title of the program for more information and to sign up. For anyone looking for sneak preview, here are the program materials, which [...]
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Battleground TCPA
Posted in Class Action Trends, Commentary, tagged annihilating, auto-dialer, class action, colorado, critchfield, FACTA, fax blast, giovanniello, kosher bagel munch, local banking products, madison county, predominance, robo-call, rule 23. 47 u.s.c. 227, shady grove, statutory penalty, superiority, TCPA, telephone consumer protection act, unsolicited phone calls on October 20, 2011 | 1 Comment »
One of the hottest substantive areas in consumer class actions these days is litigation under the Telephone Consumer Protection Act (TCPA), 47 U.S .C. § 227, sometimes called the ”fax blast” statute, which prohibits unsolicited faxes and automated calls for the purpose of commercial solicitation. The TCPA has a statutory penalty provision that allows consumers to recover $500 for each violation. The [...]
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