The Wal-Mart v. Dukes argument was held as scheduled today. Here is a Wal-Mart v. Dukes Oral Argument Transcript. Some initial observations: The beginning of the defendant’s argument was focused on the proper standard for reviewing whether the plaintiff had sufficiently common evidence of a uniform policy. It was not until later in the defendant’s [...]
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Wal-Mart v. Dukes Oral Argument Transcript
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged back pay, commonality, dukes, employment discrimination, ginsburg, injunctive relief, kagan, oral argument, predominance, rule 23(b)(2), scalia, sotomayor, Supreme Court, typicality, wal-mart on March 29, 2011 | 1 Comment »
Supreme Court Set to Hear Argument in Wal-mart v. Dukes Next Tuesday
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged 23(a), 23(b), 23(b)(2), back pay, class action, dukes, employment class action, frcp 23, injunctive, Supreme Court, u.s. supreme court, wal-mart on March 25, 2011 | Leave a Comment »
The United States Supreme Court will hold oral argument next Tuesday, March 29, 2011, in case of Wal-mart v. Dukes, No. 10-277. The issue for review, at least so far, according to order granting certiorari, is: Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) – which by its terms [...]
Audio for Colorado Supreme Court Arguments on Class Actions Available
Posted in Class Action News, Colorado Class Action News, rule 23, tagged causation, colorado class action, colorado supreme court, consumer fraud, garcia, medved, patterson, pb america, presumed reliance, reliance on March 1, 2011 | Leave a Comment »
The audio feeds for the arguments in three of the four class-action related cases heard today by the Colorado Supreme Court are now available on the court’s website. Here are some links: 09SC1080 Garcia v. Medved 10SC214 BP America v. Patterson 10SC77 – State Farm v Reyher
Colorado Supreme Court to Hear Oral Argument in Four Class Action Cases
Posted in Class Action News, Colorado Civil Procedure, Colorado Class Action News, tagged c.r.c.p. 23, class certification, class certification standard, colorado class action, colorado rules of civil procedure, colorado supreme court, common proof, crcp 23, daubert, fraud on the market, presume reliance, presumed reliance, presumption of reliance, rigorous analysis, schrek on February 28, 2011 | Leave a Comment »
Matt Masich of Law Week Colorado has a good article out today previewing oral arguments scheduled for tomorrow in four class-action related cases. The outcome of these cases could have a dramatic effect on class action practice in the state. The issues to be considered include the proper standard for reviewing class certification, the burden of proof on class certificeation, the [...]
Shockingly, Study Finds that Many Class Action Notices Don’t Comply with the Rules
Posted in Class Action News, Class Action Trends, Reports and Surveys, tagged class action notice, class notice, federal judicial center, fjc, frcp 23, frcp 23(c)(2)(B), leclercq, plain language notice, publication notice, wheatman on February 18, 2011 | 3 Comments »
Class action notice expert and occasional CAB guest blogger, Dr. Shannon Wheatman, has a must-read article coming out on trends in class action notices. The article, co-authored with plain language expert, Dr. Terri R. LeClercq, is being published in the University of Texas law journal The Review of Litigation and will be titled Majority of Class Action Publication Notices Fail [...]
Minnesota House Considering Significant Consumer Class Action Reform Measures
Posted in Class Action News, class action reform, Commentary, tagged class action reform, consumer, consumer class action, consumer fraud, deceptive trade practices, democratic farmers labor party, minnesota, tort reform, unfair competition on February 10, 2011 | Leave a Comment »
According to this February 8, 2011 article from Lee Ann Schultz of the Twin Cities Daily Planet, the Minnesota legislature is considering a bill that, according to its sponsors, would curtail consumer class action litigation in the state. The bill, HF211, has three key provisions of interest, which would: limit private actions under three consumer protection statutes to [...]
California Court of Appeal Decision Applying the Filed Rate Doctrine to Insurance Rates Stays Published
Posted in Class Action Decisions, Class Action News, Class Action Trends, Consumer Class Actions, tagged 21st century, california court of appeal, consumer class action, filed rate doctrine, insuance rate, insurance class action, mackay, ratemaking on January 19, 2011 | Leave a Comment »
The filed rate doctrine is an important concept that comes into play in many consumer class actions, including those against public utilities, telecommunications providers, and insurers, that challenge the amounts charged by a regulated provider for its services. In its broadest sense, the doctrine holds that a regulated entity cannot be sued for charging allegedly excessive rates if [...]
Supreme Court Set to Hear Oral Argument in Smith v. Bayer on January 18
Posted in Class Action News, Federal Civil Procedure, Federal Court Decisions, rule 23, Supreme Court Decisions, tagged anti-injunction, baycol, class certification, collateral estoppel, enjoin state court class, federal injunction, personal jurisdiction, res judicata on January 5, 2011 | Leave a Comment »
In my 2010 wrap up posted last week, I neglected to mention one of the three class action-related cases in which the United States Supreme Court granted cert in 2010. Smith v. Bayer is an appeal of a case that did make my top 10 list, In re Baycol Products Litigation, 593 F.3d 716 (8th Cir. 2010). The Court granted cert last September to [...]
Cert Granted in Walmart v. Dukes
Posted in Class Action News, Employment Class Actions, rule 23, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), dukes, dukes v. wal-mart, employment class action, employment discrimination, scotus, u.s. supreme court on December 7, 2010 | 2 Comments »
Can plaintiffs seek back-damages using a class action vehicle that’s built for righting wrongs in equity through remedies like injunction? In the biggest work place class action ever, the United States Supreme Court has granted cert on the question of whether plaintiffs can use the Rule 23(b)(2) injunctive class procedure as a vehicle to seek money damages. [...]
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When 36 AGs Object to Your Class Action Settlement, That’s Not a Good Sign
Posted in CAFA Requirements, Class Action News, Commentary, tagged amicus, amicus brief, appropriate government official, attorney general, CAFA, class action notice, coupon settlement, directbuy, parens patriae on April 12, 2011 | 5 Comments »
Rita Robinson, who writes the Boomer Consumer blog for the Seattle Post-Intelligencer, posted an entry titled Attorneys general oppose DirectBuy’s class-action lawsuit settlement discussing an amicus brief filed by Attorneys General from 34 states, Puerto Rico, and the District of Columbia objecting to a proposed settlement in a consumer fraud class action brought against online wholesale club DirectBuy, Inc. in the U.S. [...]
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