Raj Chohan and I recently co-authored an article entitled Class Action Settlement Objectors: Minor Nuisance or Serious Threat to Final Approval?, which appears on page 739 of the July 11, 2011 edition of the BNA Product Safety & Liability Reporter. The article is only available online to subscribers, but the publisher gave me a box [...]
Archive for the ‘Commentary’ Category
BNA Reporter Article, Class Action Settlement Objectors: Minor Nuisance or Serious Threat to Final Approval?
Posted in Articles, Commentary, tagged bna reporter, class action objection, class action objector, class action settlement, fairness hearing, final approval, objection deadline, objector, professional objector, public interest objector on August 1, 2011 | 1 Comment »
Thoughts on Wal-Mart Stores, Inc. v. Dukes
Posted in Class Action Decisions, Commentary, Employment Class Actions, Federal Civil Procedure, Supreme Court Decisions, tagged adverse impact, class certification, daubert, dukes, employment class action, expert witness, ginsburg, rigorous analysis, rule 23, scalia, statistical evidence, statistical proof, Supreme Court, wal-mart on June 20, 2011 | 5 Comments »
Many commentators correctly that the decision in Wal-Mart Stores, Inc. v. Dukes would be favorable to business interests. However, unlike the Court’s earlier decision in AT&T Mobility v. Concepcion, the decision does not necessarily threaten to sound a death knell for class actions or even a particular category of class actions. Instead, the decision merely clarifies the standards on which future class actions are to [...]
We’ll Leave the Light on For Ya (But First, You Might Want to Read the Fine Print)
Posted in Class Action Trends, Commentary, tagged arbitration, arbitration waiver, AT&T Mobility, class arbitration waiver, concepcion, hospitality, Supreme Court on May 31, 2011 | Leave a Comment »
David Waller, my partner at Baker Hostetler and hospitality lawyer extraordinaire, posted an entry in the firm’s Hospitality Lawg yesterday entitled AT&T Mobility v. Concepcion – Reconsidering Arbitration in the Hospitality Context. The article offers practical tips from a transactional lawyer’s perspective on how to take advantage of arbitration agreements in light of the Supreme Court’s decision. Although the article is directed [...]
Concepcion Point/Counterpoint
Posted in Class Action Trends, Commentary, Consumer Class Actions, tagged arbitration, arbitration waiver, AT&T Mobility, class action abuse, class action lawyer, class arbitration waiver, concepcion, consumer class action, corporate greed, defense lawyer, entrepreneurial litigation, plaintiffs' lawyer, scalia, trial lawyer on May 26, 2011 | 2 Comments »
In response yesterday’s entry discussing Daniel Fisher’s article on the potential impacts of Concepcion, I got one of the best comments that I’ve ever received on this site. It comes from Portland complex injury and consumer class action attorney David Sugerman, who blogs at www.davidsugerman.com. Of course, I disagree with just about every word of it, but with imagery like a bunch [...]
Will AT&T Mobility v. Concepcion Really Kill the Consumer Class Action?
Posted in Commentary, Consumer Class Actions, Practice Tips, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class arbitration, class arbitration waiver, class waiver, concepcion, consumer class action, scalia, Supreme Court on May 25, 2011 | 8 Comments »
Daniel Fisher, who writes the Full Disclosure blog at Forbes.com, posted an article last Friday titled Has Scalia Killed the Class Action? Fisher’s article one of the best I’ve seen in discussing the potential practical impact that the Supreme Court’s recent class arbitration waiver decision in AT&T Mobility v. Concepcion may have on future consumer class action litigation. I highly recommend it. [...]
What Fraud Claims Make for a Good Class Action? Justice Breyer has an Idea.
Posted in Commentary, Securities Class Actions, Supreme Court Decisions, tagged breyer, erica p. john fund, fraud, fraud on the market, halliburton, oral argument, presumed reliance, presumption of reliance, reliance, scotus, securities fraud, Supreme Court on April 25, 2011 | Leave a Comment »
The United States Supreme Court heard oral argument today in the case of Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. A transcript of the argument is now available on the Court’s website. Erica P. John Fund involves the appropriate standard for assessing class certification in securities fraud cases brought under the “fraud [...]
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. [...]
Warding Off “Professional” Objectors to Class Action Settlements
Posted in class action reform, Class Action Settlements, Commentary, Practice Tips, tagged class action, class action reform, class action settlement, collusion, objection, predatory, professional objector, settlement notice on March 31, 2011 | 3 Comments »
Legal commentator and unabashed crusader for class action reform, Lawrence W. Schonbrun, has a new article on The Huffington Post discussing so-called “professional” objectors in class action lawsuits. Schonbrun criticizes what he believes is hypocrisy in plaintiffs’ class action lawyers attempting to vilify those who seek to object to class action settlements for profit because, in his view, many class [...]
Schonbrun: Are Statutory Penalty Class Actions WMDs?
Posted in class action reform, Commentary, tagged class action, class action criticism, class action reform, class action watch, conspicous, FACTA, fcra, schonbrun, statutory penalty, weapons of mass destruction on March 1, 2011 | Leave a Comment »
Class Action Watch executive director Lawrence W. Schonbrun has an opinion piece in yesterday’s Huffington Post entitled The Class Action Mess in a Nutshell. In the article, he questions whether the same “weapons of mass destruction” label that Warren Buffet gave to financial derivatives should apply equally to class action lawsuits. As an example, he offers a [...]
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Don’t Miss the Class Action Symposium on SCOTUSblog
Posted in Articles, Class Action Trends, Commentary, Other class action blogs, Supreme Court Decisions, tagged class action, class action symposium, Class Action Trends, class certification, dukes, erica p. john fund, halliburton, scotus, smith v. bayer, Supreme Court, wal-mart on August 30, 2011 | Leave a Comment »
The award-winning U.S. Supreme Court blog SCOTUSblog is presenting a symposium on recent Supreme Court developments in the area of class actions that you won’t want to miss. Click here for an introduction to the symposium and here to see a list of the various contributions as they are released. I’m extremely honored to be listed [...]
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