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. [...]
Archive for the ‘Colorado Civil Procedure’ Category
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 »
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 [...]
Colorado Class Action Filing Trends
Posted in Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, tagged CAFA, class action statistics, colorado class action, colorado class action filings, colorado class action statistics, colorado class action trends, removal on October 15, 2010 | 2 Comments »
I must have more readers than I thought, and some quality readers at that! Andrew Oh-Willeke, Denver lawyer and author of the blog Wash Park Prophet, posted this question as a comment to one of my recent posts, and it seemed like a great topic deserving of its own post: Do you know of any [...]
South Park Gets it Wrong
Posted in Class Action Humor, Colorado Civil Procedure, tagged bono, class certification, colorado class action law, entertainment class action, mickey mouse, oprah, south park, south park class action, streisand, tom cruise on April 20, 2010 | 2 Comments »
The 200th episode of “South Park” features a class action lawsuit by 200 celebrities led by Tom Cruise against the small fictitious Colorado town. As a Colorado resident and class action lawyer, I’m dismayed at the lack of attention to detail by the South Park writers when it comes to Colorado class action law. (Ok, I haven’t actually [...]
Colorado E-Service Rule Clarified
Posted in Colorado Civil Procedure, Practice Tips, tagged colorado rules of civil procedure, CRCP 5, e-filing, efiling, electronic filing, lexis, notice, rule 5, service on April 18, 2008 | Leave a Comment »
For those of you who practice in the Colorado state courts, the CBA weekly newsletter had a snippet today about what constitutes official service through the e-filing system that you’ll want to pay attention to. I suspect that similar rules applies in other states that have adopted an official e-filing system. I have never had [...]
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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 [...]
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