In preparing for our webinar on the use of statistics in class actions tomorrow, I discovered that the California Supreme Court has granted review in Duran v. U.S. Bank, a case that could have major implications for the future of statistical sampling as common proof in class actions. See my April 6, 2012 post titled Trial [...]
Archive for the ‘Class Action Decisions’ Category
California Supreme Court to Weigh in on Statistical Sampling in Class Actions
Posted in Class Action Decisions, Class Action Trends, tagged brinker, california supreme court, class action, class certification, duran, inference, regression, sampling, statistical evidence, statistics, statistics in class actions, trial by formula, wage and hour on May 22, 2012 | Leave a Comment »
Trial By Formula, Statistical Sampling, and the Right to Due Process
Posted in Class Action Decisions, Class Action Trends, Employment Class Actions, tagged drogin, due process, dukes, predominance, sampling, statistical sampling, statistics, trial by formula, wal-mart on April 6, 2012 | 1 Comment »
Editor’s Note: This is a joint post for ClassActionBlawg and the newly-launched Baker Hostetler Class Action Lawsuit Defense Blog. Be sure to bookmark the Baker Hostetler blog at www.classactionlawsuitdefense.com for the latest in class action trends and decisions. A common temptation in class action litigation is to fashion procedures based on “rough justice” to avoid overburdening the courts or attempting [...]
And Speaking of Morrison…
Posted in Class Action Decisions, International Class Action Law, Securities Class Actions, tagged 10b, 10b-5, absolute activist, conduct and effects, ficeto, morrison, national australia bank, scotus, securities class action, securities fraud, transactional test, u.s. supreme court on March 6, 2012 | Leave a Comment »
The Second Circuit Court of Appeals issued a decision last week that confirms that there are still situations where primarily foreign securities fraud disputes may be litigated as class actions in the United States courts. The decision explores the contours of the US Supreme Court’s holding in Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010) that § [...]
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 [...]
… 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., [...]
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 [...]
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 [...]
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. [...]
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More on Posner’s McReynolds Decision
Posted in Class Action Decisions, Class Action News, Class Action Trends, Commentary, Employment Class Actions, tagged class action, disparate impact, dukes, employment class action, employment discrimination, issue certifiication, mcreynolds, posner, rule 23, wal-mart on March 2, 2012 | Leave a Comment »
For those readers who are interested in additional insights on Judge Posner’s opinion in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. 24, 2012), which was the subject of Wednesday’s CAB post, here’s a link to an insightful executive alert on the decision, which was authored by colleagues in Baker Hostler’s New York office, partner Deborah [...]
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