In a recent post entitled Concepcion a Year Later, Are Consumer Class Actions Dead Yet?, I invited readers to offer their perspectives on trends in the enforceability of class arbitration waivers now that a year after the Concepcion decision. In response, Jessie Kokrda Kamens at the Bloomberg BNA Class Action Litigation Report send me a copy of her recent article, Post-Concepcion, Plaintiffs Chalk [...]
Archive for the ‘Class Action Trends’ Category
More Perspectives on Trends in Class Arbitration Waivers a Year After Concepcion
Posted in Class Action Trends, Articles, tagged Class Action Trends, class arbitration waiver, class action waiver, AAA, concepcion, arbitration, bna, trends, bloomberg, class action litigation report, kamens on May 25, 2012 | Leave a Comment »
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 »
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 [...]
Finally, a Decision in the Groundbreaking Group Action Against Deutsche Telekom
Posted in Class Action Trends, International Class Action Law, tagged capital market proceedings act, civil law, deutsche telekom, european class action, german class action, group litigation, international class action, kapmug, model proceeding, multi-party litigation, prospectus liability, representative action, securities class action, telekom on May 16, 2012 | Leave a Comment »
After 12 years of litigation, a trial court in Germany has finally reached a decision in a landmark case for group actions in European civil law jurisdictions. The court decided that Deutsche Telekom did not make false or misleading statements of fact in a prospectus for a secondary stock offering in 2000. The case was [...]
Concepcion a Year Later, Are Consumer Class Actions Dead Yet?
Posted in class action reform, Class Action Trends, tagged AAA, american express, amex, arbitrability, arbitration, at&t, class arbitration waiver, concepcion, cosumer class action, federal common law, TCPA on May 10, 2012 | 1 Comment »
On May 1, we received the following comment in response to a post from last May entitled Will AT&T v. Concepcion Really Kill the Consumer Class Action? Melissa It has been almost a year. Could someone tell me, in their opinion, what effect Concepcion has had on consumer class actions over the last 11 months? [...]
The Decline of Class Actions, in a Nutshell
Posted in Class Action Trends, tagged adequacy, arbitration, CAFA, Class Action Fairness Act, class action trend, class certification, class definition, commonality, concepcion, dukes, fail-safe, klonoff, lewis and clark, numerosity, nutshell, typicality, wal-mart on May 8, 2012 | Leave a Comment »
Robert H. Klonoff, Dean of the Lewis and Clark Law School and author of the quintessential class action compendium, Class Actions and Other Multi-Party Litigation in a Nutshell, has authored an excellent research paper entitled The Decline of Class Actions. The paper which will be published in Volume 90 of the Washington University Law Review, [...]
Can’t Get Enough of Statistics in Class Actions? This Webinar Is for You!
Posted in Class Action Trends, CLE Programs, tagged class certification, cle, CLE program, daubert, dukes, expert witness, statistics, strafford, wal-mart on April 11, 2012 | Leave a Comment »
I’m not sure that WordPress site statististics would be admissible in a class action as proof of readers’ interest, but the recent CAB site stats do appear to show some level of interest in the topic of statistics in class actions. So, readers may be interested in an upcoming Strafford Publications webinar in which I will be participating on May 23, [...]
Another Viewpoint on “Trial by Formula”
Posted in Class Action Trends, tagged class action, drogin, dukes, lahav, mass action, mass tort, sampling, statistical method, statistics, trial by formula, wal-mart on April 9, 2012 | Leave a Comment »
For those of you interested in the topic of statistics in mass and class actions, U. Conn. Law Professor and Mass Tort Litigation Blog contributor Alexandra D. Lahav has written an academic paper on the subject in the Texas Law Review, aptly entitled The Case for “Trial by Formula.” For Professor Lahav’s synopsis of the paper, a link to [...]
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 [...]
NYT Dealbook Blog: Explaining the Securities Class Action Downturn
Posted in Class Action Settlements, Class Action Trends, Securities Class Actions, tagged cornerstone research, credit crisis, dealb%k, dealbook, economic crisis, economic downturn, financial restatements, mortgage crisis, New York Times, NYT, securities class action, securities fraud, securities litigation, securities settlement, silk, tyukody on April 3, 2012 | 1 Comment »
A few weeks ago, I posted a link to a Cornerstone Research report concluding that securities class action settlements were at a 10-year low. Yesterday, securities litigators Daniel Tyukody and Gerald Silk posted an article in the New York Times DealBook blog entitled Understanding the Dip in Class-Action Securities Settlements with some insights explaining the downturn. Among the explanations are [...]
BH Class Action Lawsuit Defense Blog Post: Class and Collective Actions in the Age of Globalization
Posted in Class Action Trends, International Class Action Law, Other class action blogs, tagged 10b, 10b-5, AAA, alien tort, atca, australia class action, australian class action, canada class action, canadian class action, chevron, class arbitration, collective settlement, dutch class action, dutch law, ecuador, f-cubed, foreign cubed, global class action, international arbitration, international class action, israeli class action, kiobel, morrison, national australia bank, netherlands class action, stolt-nielsen, transnational class action, us class action on March 27, 2012 | Leave a Comment »
NOTE: The following is a copy of a post that I did for the recently-released Baker Hostetler Class Action Lawsuit Defense Blog. Be sure to check out the new blog for other fantastic class-action-related content! Globalization has brought with it the growing problem of how to deal with mass disputes that transcend jurisdictional boundaries, as [...]
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