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, [...]
Archive for the ‘Class Action Decisions’ Category
… 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 »
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., [...]
Close Counts In Horse Shoes, Hand Grenades, and Chronic Halitosis, but Not Class Action Distributions, Says Fifth Circuit
Posted in Class Action Decisions, Class Action Trends, Federal Court Decisions, tagged Baker Hostetler, class action settlement, cy pres, elf, fifth circuit, klier, settlement agreement, unclaimed settlement on November 8, 2011 | Leave a Comment »
The Baker Hostetler class action practice team issued a new Executive Alert today authored by Columbus Partner Mark Johnson entitled Fifth Circuit Restricts Cy Pres Doctrine in Class Action Settlements. The alert discusses the Fifth Circuit’s recent decision in Klier v. Elf Atochem North America, Inc., restricting the use of the cy pres doctrine to distribute unclaimed class action settlement [...]
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 »
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. [...]
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 [...]
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 [...]
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 [...]
Second Circuit Court of Appeals Summons Amchem and Ortiz in Rejecting Class Action Settlement
Posted in Class Action Decisions, Class Action Settlements, Federal Court Decisions, tagged adequacy, amchem, class action objectors, class action settlement, class certification, fairness hearing, final approval, ortiz, second circuit on August 24, 2011 | Leave a Comment »
As I have noted in a series of posts recently, class action settlement objectors should not be taken lightly. (See this August 1, 2011 post and others cited within). Last week, the Second Circuit Court of Appeals offered an excellent case in point in its decision in In re Literary Works in Electronic Databases Copyright Litigation, No. [...]
Subscribe by Email
Twitter Feed: @classaction
- Please Excuse the Silence http://t.co/5W6sDX9G 5 days ago
- Recognition and Enforcement of U.S. Class Action Judgments and Settlements in European Civil Law Countries http://t.co/HaFz8NEi 1 week ago
- Baker Hostetler Employment Class Action Blog – Much More than Quality Employment Class Actions News http://t.co/G2h0tGLe 2 weeks ago
-
Our Contributors
-
Recent Comments
- Recognition and Enforcement of U.S. Class Action Judgments and Settlements in European Civil Law Countries « ClassActionBlawg.com on 2010 Class Action Year in Review
- Baker Hostetler Employment Class Action Blog – Much More than Quality Employment Class Actions News « ClassActionBlawg.com on … More on Amex III
- Baker Hostetler Employment Class Action Blog – Much More than Quality Employment Class Actions News « ClassActionBlawg.com on … More on Amex III
- … More on Amex III « ClassActionBlawg.com on The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers
- The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers « ClassActionBlawg.com on Second Circuit Deals Another Blow to Class Arbitration Waivers
-
Recent Posts
- Please Excuse the Silence
- Recognition and Enforcement of U.S. Class Action Judgments and Settlements in European Civil Law Countries
- Baker Hostetler Employment Class Action Blog – Much More than Quality Employment Class Actions News
- … More on Amex III
- The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers
Archives
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
Posts by Date
-
-
Tags
“Like” Us On Facebook
Paul Karlsgodt
Raj Chohan
CAB Staff
Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado
Posted in Class Action Decisions, Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, Commentary, tagged bp america, class action, class certification, colorado, colorado supreme court, conditional certification, crcp 23, decertification, dukes, frcp 23, garcia, jackson, medved, patterson, reyher, rigorous analysis, rule 23, state farm, unocal, wal-mart on November 2, 2011 | 1 Comment »
Ever since the U.S. Supreme Court issued its decisions in Smith v. Bayer and Wal-Mart Stores, Inc. v. Dukes, I have wondered aloud whether we would start to see a significant divergence between the standards applicable to class certification in the state and federal courts. (See the Parting Thoughts Section of this August 31 SCOTUSBlog Post). My home state [...]
Read Full Post »