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 [...]
Archive for the ‘Class Action Fairness Act’ Category
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 »
If at First You Don’t Succeed, Try, Try Again
Posted in Class Action Decisions, Class Action Fairness Act, Supreme Court Decisions, tagged anti-injunction act, CAFA, claim preclusion, collateral estoppel, frcp 23, home state, issue preclusion, kagan, local controversy, relitigation exception, rule 23, scotus, smith v. bayer, Supreme Court, u.s. supreme court, west virginia on June 16, 2011 | 2 Comments »
Earlier today, the Supreme Court issued its third of four class action-related decisions for the October 2010 term. In Smith v. Bayer Corp., No. 09-1205, the Court held that a federal court exceeded its authority when it issued an injunction preventing a state court from considering whether to certify a class on claims in which [...]
Fourth Circuit Holds that CAFA Does Not Apply to State Parens Patriae Action
Posted in Class Action Decisions, Class Action Fairness Act, tagged 1332, 1446, CAFA, Class Action Fairness Act, diversity jurisdiction, mcgraw, parens patriae, removal, west virginia on May 23, 2011 | 3 Comments »
One of the more significant issues relating to the Class Action Fairness Act of 2005 (CAFA) that has percolating through the federal courts over the past few years is whether parens patriae actions brought by state attorneys’ general seeking to recover damages for their citizens are “class actions” that can be removed to federal court. On Friday, [...]
DirectBuy Settlement Rejected
Posted in Class Action Decisions, Class Action Fairness Act, Class Action Settlements, Federal Court Decisions, tagged ags, attorney general, attorneys general, CAFA, class action objectors, class action settlement, class action settlement approval, coupon settlement, directbuy, district of connecticut, fairness hearing, janet c. hall, procedural fairness, substantive fairness on May 16, 2011 | 3 Comments »
United States District Court Judge Janet C. Hall issued an order today rejecting the proposed settlement in Wilson v. DirectBuy, Inc., No. 3:09-CV-590 (JCH) (D. Conn. May 16, 2011) (Here is a link to the slip opinion). The controversial settlement had been opposed by 39 attorneys general, a nonprofit consumer rights organization, and had been singled [...]
2010 Class Action Year in Review
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), all writs act, baycol, CAFA, CAFA removal, civil rights class action, class action review, Class Action Trends, class arbitration, class arbitration waiver, discrimination class action, diversity jurisdiction, dukes, FAA, foreign cubed, morrison, nerve center, preemption, rigorous analysis, shady grove, stolt-nielsen, top ten lists, wal-mart, year in review on December 31, 2010 | 1 Comment »
As 2010 winds down, it’s time to review the key developments in class action law. It was an especially busy year for the federal courts, and in particular the U.S. Supreme Court, on issues impacting class action practice. Here, in chronological order, are 10 key developments from the year that was: January 5 – In In [...]
Eleventh Circuit Takes a Mulligan on Cappuccitti
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, tagged amount in controversy, CAFA, capppuccitti, Class Action Fairness Act, diversity jurisdiction, eleventh circuit on October 20, 2010 | 1 Comment »
The Eleventh Circuit Court of Appeals reversed itself just months after its widely reviled opinion in Cappuccitti v. DirecTV. In a per curiam opinion issued October 15, 2010, a three judge panel concluded, on rehearing, that the earlier Cappuccitti decision was simply “incorrect.” The key holding means that a plaintiffs’ class under CAFA does not [...]
Supreme Court Embraces Nerve Center Test
Posted in Class Action Decisions, Class Action Fairness Act, Federal Civil Procedure, Supreme Court Decisions, tagged 28 U.S.C. 1332, CAFA, Class Action Fairness Act, class action removal, diversity jurisdiction, nerve center, principal place of business, removal on March 2, 2010 | 1 Comment »
On February 23, the Supreme Court issued its decision in Hertz Corp. v. Friend, No. 08-1107, in which it adopted the “nerve center” test as the proper approach for determining a corporation’s principal place of business for diversity jurisdiction. The Court stated that it was adopting a single test among the numerous approaches previously employed by the [...]
Class Action Blogojevich Weekly Review
Posted in Class Action Decisions, Class Action Fairness Act, Class Action News, class action reform, Class Action Trends, International Class Action Law, Other class action blogs, tagged aggregate litigation, class action commentary class action scholarship, Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, class certification, International Class Action Law, UDCPA on December 11, 2008 | Leave a Comment »
Here are some blog posts from the week that was that might be of interest to class action practitioners: Class Action-Related Post of the Week Kudos to the folks at Drug and Device Law Blog on their excellent review, with the help of O’Melveny’s John Beisner, of the most recent draft of ALI’s Principles of Aggregate Litigation: http://druganddevicelaw.blogspot.com/2008/12/umm-what-he-said.html [...]
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Class Action Blogosphere Weekly Review
Posted in Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged brinkley, CAFA, class action commentary, Class Action Decisions, Class Action News, Class Action Trends, global coordinating counsel, mass tort litigation, securities class action, TCPA, wage and hour class action on January 15, 2009 | 1 Comment »
CABWR is finally back after a three week holiday hiatus! Here are some blog posts from the week that was that might be of interest to class action practitioners: Class Action Decisions CAFA Law Blog discusses a Fifth Circuit Court of Appeals decision addressing jurisdiction under the Class Action Fairness Act (CAFA) before reversing class certification in [...]
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