The cy pres doctrine has become a hot topic in class action circles in recent years. For those not familiar with the concept as used in the class action context, cy pres awards are awards to third parties, typically charities, of unclaimed settlement funds or unclaimed portions of class action judgments. (See this August 11, 2008 CAB entry discussing cy pres). In an intriguing [...]
Archive for the ‘Articles’ Category
What Should We Do With Unclaimed Class Action Funds, Pres Tell?
Posted in Articles, Class Action Trends, tagged award to charity, class action charity, class action judgment, class action settlement, cy pres, Martin H. Redish on October 11, 2009 | 4 Comments »
Judge Jack Weinstein on Judge Jack Weinstein
Posted in Articles, class action reform, Class Action Trends, tagged agent orange, asbestos, breast implant class action, cardozo law review, hand gun class action, jack weinstein, mass tort, tobacco, zyprexa on June 8, 2009 | Leave a Comment »
Senior U.S. District Court Judge Jack B. Weinstein (E.D.N.Y), has become well known for his often-cited and sometimes controversial opinions in mass tort and class action cases. He recently authored a commentary in the Cardozo Law Review’s new online journal de novo on some of his key decisions in cases involving subjects ranging from Agent Orange, asbestos, and tobacco to breast [...]
May 2009 Federalist Society Class Action Watch Now Available
Posted in Articles, Class Action Trends, tagged class action article, class action scholarship, federalist society, qui tam on May 5, 2009 | Leave a Comment »
The latest issue of the Federalist Society’s Class Action Watch is now up and available on the organization’s website. Thanks to Randy Maniloff of White and Williams LLP, for the tip. A synopsis of Maniloff’s own contribution to the issue, from the author himself, appears below. Other interesting topics covered in the issue include trends in mortgage-backed securities litigation, [...]
Does Class Action Spell Doom for Pico-Blogging?
Posted in Articles, Class Action Humor, Class Action News, tagged april fools, pico blog class action on April 1, 2009 | 1 Comment »
The newest Internet craze, “pico-blogging” may be over as soon as it started. Lawyers representing two users of the popular pico-blogging site, www.a.com, filed a class action Wednesday accusing the site’s owners of fraud, copyright infringement, violations of the Colorado Consumer Protection Act, loss of consortium, and a variety of other legal transgressions. According to the [...]
Strong Article on International Class Arbitration
Posted in Articles, Class Action Trends, International Class Action Law, tagged class action scholarship, International Class Action Law, international class arbitration on February 23, 2009 | Leave a Comment »
Many thanks to University of Missouri Law Professor Stacie I. Strong for the following tip about her article on international class arbitration. If you’re interested in developments in either class arbitration or international class action law, this article is a must read: Your readers may be interested in an article on international class arbitration that [...]
Facing the Threat of Government Action Following a Class Action Settlement
Posted in Articles, Class Action Trends, Practice Tips, tagged attorney general action, CAFA, claims made settlement, class action settlement, FTC, government enforcement action, parens patriae on July 18, 2008 | 1 Comment »
It is well-established that a properly tailored class action settlement release can preclude future actions by absent class members, even those who don’t respond to or otherwise participate in the settlement. (As an example, see this recent Eleventh Circuit Court of Appeals opinion). So, in agreeing to a class action settlement, the defendant assumes that it is buying [...]
Claims-Made Settlements In Consumer Class Actions
Posted in Articles, Class Action Settlements, Class Action Trends, Practice Tips, tagged claims made settlement, class action settlement, coupon settlement, fairness hearing, preliminary approval, settlement fund on June 11, 2008 | 1 Comment »
This article on claims-made settlements appeared originally in the guest column section of the March 10, 2008 issue of ProductLiabilityLaw360. Under the submission guidelines, I retain copyrights to the article, but I was required to wait at least three months before reprinting the article elsewhere. Claims-Made Settlements In Consumer Class Actions Monday, Mar 10, 2008 — In recent years, commentators, [...]
Does the Texas Polygamist Child Custody Decision Have Class Action Parallels?
Posted in Articles, Class Action Trends, Other legal news, tagged child custody, FLDS, polygamist, Warren Jeffs on May 22, 2008 | Leave a Comment »
A panel of the Texas Court of Appeals today vacated a lower court’s order granting temporary custody to the state over hundreds of children seized in in a recent raid on a polygamist sect in a ranch near El Dorado, Texas. USA Today blog On Deadline has posted a link to a copy of the court’s opinion. The appellate court found an abuse [...]
Class Action Blogosphere Weekly Review
Posted in Articles, Class Action News, Class Action Trends, Other class action blogs, Uncategorized, tagged 9th circuit, blawg review, blawgs, blog review, class action blogs, Class Action News, Class Action Trends, Supreme Court on May 14, 2008 | 2 Comments »
It’s a little later this week than normal because I unexpectedly had to attend a hearing out of state, but better late than never. Here are some blog posts of interest to class action practitioners from this past week… The Complex Litigator has an extensive analysis of an upcoming Law Review article by Professor Sheila Scheuerman [...]
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I Object, Unless You Pay Me … One Million Dollars!
Posted in Articles, class action reform, Class Action Trends, Commentary, Practice Tips, tagged class action objection, class certification, objector blackmail, professional objector, quick-pay, settlement approval on December 14, 2009 | Leave a Comment »
Vanderbilt law professor Brian T. Fitzpatrick has published a great new research paper titled The End of Objector Blackmail? The paper discusses the problems of objectors blackmailing the parties to a class action settlement into paying them a portion of the fees at the threat of holding up final approval and resolution of the settlement. Professor Fitzpatrick [...]
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