Last Friday, the Seventh Circuit Court of Appeals issued a significant employment class action decision that may challenge conventional wisdom about the impact of the Supreme Court’s 2011 decision in Wal-Mart Stores, Inc. v. Dukes. The opinion, authored by respected Judge Richard Posner, is McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. [...]
Archive for February, 2012
Think Dukes Was the End of the Employment Discrimination Class Action? Think Again.
Posted in Class Action Trends, Employment Class Actions, Federal Court Decisions, tagged 23(b)(2), 23(c)(4), class action, class certification, class treatment, disparate impact, dukes, employment discrimination, frcp 23, issue certification, mcreynolds, merrill lynch, posner, rule 23, seventh circuit, Supreme Court, wal-mart on February 29, 2012 | 2 Comments »
Can’t Seem to Find Common Ground with Plaintiff’s Counsel? Try the Trustee.
Posted in CAFA Requirements, Class Action Decisions, Class Action Settlements, Class Action Trends, Other class action blogs, tagged article 77, bank of america, blackrock financial, CAFA, class action, diversity jurisdiction, erisa, frankel, new york state code, opt out, second circuit, securities class action, securities class action trends, securities exception, trustee on February 27, 2012 | Leave a Comment »
Alison Frankel, whose On the Case blog is featured in the Thomson Reuters News and Insight section, posted this interesting article today discussing a novel alternative to the class action as a device to resolve mass disputes. The procedural device in question is Article 77 of the New York State Code, which allows a trustee to seek court approval of decisions relating [...]
Please Excuse the Silence
Posted in General Site Information, International Class Action Law, tagged international class action on February 17, 2012 | Leave a Comment »
I’m taking a week or two off of blogging to work on the copy edited chapters for the World Class Actions book. So far, most of the authors have been great at getting their chapters back to me with revisions, so I remain optimistic that we’ll be able to keep the publication schedule on track. [...]
Recognition and Enforcement of U.S. Class Action Judgments and Settlements in European Civil Law Countries
Posted in International Class Action Law, tagged civil law, collateral estoppel, collective action, enforceability, eu, europe, f-cubed, foreign cubed, international class action, res judicata, schweitz, suisse, swiss, swiss class action, transnational class action on February 10, 2012 | 1 Comment »
In this era of globalization, one key issues in international class and collective actions is the recognition of foreign judgments by countries who lack the same collective or class action procedures. I was recently introduced to a lawyer and scholar, Leandro Perucchi, who published his PhD thesis on this topic. Dr. Perucchi’s book, with the German title [...]
Baker Hostetler Employment Class Action Blog – Much More than Quality Employment Class Actions News
Posted in Class Action Trends, Federal Civil Procedure, Federal Court Decisions, Lawyers' Resources, Other class action blogs, tagged american express merchants, amex III, arbitration, class action, compucredit, concepcion, employment class action, FAA, federal arbitration act, federal common law, federal statutory law, greenwood, iqbal, lewis, mersol, pleading, rule 8, scalia, twombly, unconscionability on February 9, 2012 | Leave a Comment »
The Baker Hostetler Employment Class Action Blog is constantly putting out quality content, but they have two new recent posts that I would especially recommend to my readers. They include: This February 6 post from John Lewis discussing the impacts, both on employment cases and otherwise, of the Second Circuit’s recent Amex III decision. This February [...]
… More on Amex III
Posted in Class Action Decisions, Class Action News, Class Action Trends, Federal Court Decisions, tagged american express merchants, amex III, arbitration waiver, class arbitration, concepcion, FAA, stolt-nielsen on February 7, 2012 | 2 Comments »
As promised in my post late last week, the Baker Hostetler client alert on last week’s Second Circuit decision in In Re American Express Merchants’ Litigation, No. 06-1871 (2d Cir., Feb. 1, 2012) (Amex III) was released today. Here is a link to the alert, authored by New York partner Deborah Renner and Columbus associate Jennifer Vessells, [...]
The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, circuit court of appeals, class arbitration waiver, concepcion, consumer class action, credit card, expiration date, FAA, FACTA, hilfiger, scotus, second circuit, stolt-nielsen, Supreme Court, third circuit on February 2, 2012 | 1 Comment »
Two readers sent me tips yesterday on important decisions from the Second and Third Circuit Courts of Appeals that will be of interest to class action practitioners: First, John G. Papianou of the Philadelphia firm Montgomery, McCracken, Walker & Rhoads, LLP forwarded a copy of the Third Circuit’s decision in Long v. Tommy Hilfiger U.S.A., Inc., No. 11-1554 (3d Cir., [...]
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