In a recent post entitled Concepcion a Year Later, Are Consumer Class Actions Dead Yet?, I invited readers to offer their perspectives on trends in the enforceability of class arbitration waivers now that a year after the Concepcion decision. In response, Jessie Kokrda Kamens at the Bloomberg BNA Class Action Litigation Report send me a copy of her recent article, Post-Concepcion, Plaintiffs Chalk [...]
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More Perspectives on Trends in Class Arbitration Waivers a Year After Concepcion
Posted in Class Action Trends, Articles, tagged Class Action Trends, class arbitration waiver, class action waiver, AAA, concepcion, arbitration, bna, trends, bloomberg, class action litigation report, kamens on May 25, 2012 | Leave a Comment »
Dukes, Medical Monitoring, and the Distinction Between Equitable and Injunctive Relief
Posted in Articles, Class Action Trends, Practice Tips, rule 23, Supreme Court Decisions, tagged 23(b)(2), class certification, commonality, daubert, dukes, equitable, expert, injunctive relief, medical monitoring, rule 23, scotus, Supreme Court, wal-mart on January 30, 2012 | Leave a Comment »
I’m embarrassingly late in posting a link to a terrific article from Steptoe & Johnson Partner Jennifer Quinn-Barabanov entitled Has Dukes Killed Medical Monitoring? The article, published in the November 2011 Issue of DRI’s For the Defense Magazine, explores the potential impact of the Supreme Court’s decision Dukes in defending against class certification of product liability [...]
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 »
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 [...]
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 Class Action Symposium on SCOTUSblog
Posted in Articles, Class Action Trends, Commentary, Other class action blogs, Supreme Court Decisions, tagged class action, class action symposium, Class Action Trends, class certification, dukes, erica p. john fund, halliburton, scotus, smith v. bayer, Supreme Court, wal-mart on August 30, 2011 | Leave a Comment »
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 [...]
BNA Reporter Article, Class Action Settlement Objectors: Minor Nuisance or Serious Threat to Final Approval?
Posted in Articles, Commentary, tagged bna reporter, class action objection, class action objector, class action settlement, fairness hearing, final approval, objection deadline, objector, professional objector, public interest objector on August 1, 2011 | 1 Comment »
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 [...]
Setting the Record Straight on Class Action Claims Aggregators
Posted in Articles, Class Action Trends, tagged antitrust class action, claims compensation bureau, class action claims aggregator, class action settlement, securities class action on April 28, 2011 | Leave a Comment »
Editor’s note: Earlier this month, I posted an entry entitled Class Action Claims Aggregators, the Latest Innovation in Entrepreneurial Litigation, an admittedly glib post that inaccurately described the phenomenon of private companies aggregating class action settlement claims for clients as a new one. As it turns out, these services have existed for years. Adam Savett, attorney and Director [...]
Public Interest Objectors in Class Action Settlements
Posted in Articles, Class Action Settlements, Practice Tips, tagged appropriate government official, class action notice, class action settlement, coupon settlement, cy pres, nonprofit objector, organized objector, professional objector, public interest objector, reversion on April 21, 2011 | 1 Comment »
Recently, I have commented on two types of objectors in class action settlements. This March 31 entry discusses the problem of so-called “professional” objectors. And this April 12 entry addresses objections raised by government officials. There is at least one other type of organized objectors to class action settlements: public interest organizations. (I use the term “organized objectors” to distinguish these types [...]
Strong on the Future of International Class Arbitration
Posted in Articles, Class Action Trends, tagged class arbitration, collective arbitration, international arbitration, International Class Action Law, international class arbitration on November 19, 2010 | Leave a Comment »
University of Missouri Law Professor S.I. Strong, guru of international class arbitration, has two new intriguing publications coming out soon. In both works, she discuss the academic debate about the appropriate international arbitration rules for dealing with large groups of similar claims and discuss the ways in which multi-party or representative procedures are likely to evolve outside the United States. Strong examines the [...]
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Perspectives on the October 2010 Supreme Court Term
Posted in Articles, Class Action Trends, Commentary, tagged bayer, class action, class certification, dukes, erica p. john fund, halliburton, scotus, scotusblog, Supreme Court, u.s. supreme court, wal-mart on August 31, 2011 | Leave a Comment »
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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