The Baker Hostetler Employment Class Action Blog is constantly putting out quality content, but they have two new recent posts that I would especially recommend to my readers. They include: This February 6 post from John Lewis discussing the impacts, both on employment cases and otherwise, of the Second Circuit’s recent Amex III decision. This February [...]
Archive for the ‘Federal Civil Procedure’ Category
Baker Hostetler Employment Class Action Blog – Much More than Quality Employment Class Actions News
Posted in Class Action Trends, Federal Civil Procedure, Federal Court Decisions, Lawyers' Resources, Other class action blogs, tagged american express merchants, amex III, arbitration, class action, compucredit, concepcion, employment class action, FAA, federal arbitration act, federal common law, federal statutory law, greenwood, iqbal, lewis, mersol, pleading, rule 8, scalia, twombly, unconscionability on February 9, 2012 | Leave a Comment »
Forget Dukes and Concepcion, Shady Grove Is Where It’s At
Posted in CLE Programs, Federal Civil Procedure, rule 23, Supreme Court Decisions, tagged class action, erie doctrine, federal preemption, frcp 23, hanna, preemption, procedural, rule 23, shady grove, substantive, Supreme Court on June 22, 2011 | Leave a Comment »
After the all the activity in the Supreme Court during the October 2010 term, why would anyone want to talk about a decision from the October 2009 term? Isn’t that kind of like showing off your new Blackberry Curve the day after they unveil the iPhone 4? I prefer to think about it this way–it’s like [...]
Don’t Miss the Annual Federal Practice Update, this Friday at the CBA
Posted in CLE Programs, Electronic discovery, Federal Civil Procedure, tagged CLE program, district court for the district of colorado, e-discovery, Electronic discovery, federal practice, federal practice update on May 16, 2011 | Leave a Comment »
I will be speaking on trends in e-discovery at the upcoming Federal Practice Update 2011, co-sponsored by the Federal Bar Association and the CBA Litigation Section. I hope to be an adequate fill-in for my partner, Karin Jenson, who has an unavoidable client commitment. In addition to a number of other presentations on a variety of federal [...]
BH Executive Alert: Seventh Circuit Issues Significant Decision on Consumer Injunctive Relief Class
Posted in Class Action Decisions, Consumer Class Actions, Federal Civil Procedure, Federal Court Decisions, tagged 23(b)(2), Baker Hostetler, injunctive class action, injunctive relief, kartman, seventh circuit on February 24, 2011 | Leave a Comment »
The Baker Hostetler website has a new Executive Alert discussing the Seventh Circuit Court of Appeals’ decision in Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830, and its potential implications. Kartman addressed, among other things, the applicability of Rule 23(b)(2) to consumer class actions in which the ultimate goal is [...]
Is Smith v. Bayer a Case About Class Action Abuse or Abuse of Federal Power?
Posted in Commentary, Federal Civil Procedure, Federal Court Decisions, Supreme Court Decisions, tagged anti-injunction, collateral estoppel, federalism, in re baycol, issue preclusion, judgment, relitigation exception, roberts court, scotus, smith v. bayer, states' rights, u.s. supreme court on January 18, 2011 | Leave a Comment »
Earlier today, the U.S. Supreme Court held oral argument in Smith v. Bayer, which raises the question of a federal court’s power to enjoin a state court from considering class certification after the federal court had previously denied certification. A copy of the argument transcript is available for download at the Supreme Court’s website. Some of the key [...]
Supreme Court Adds a Fourth Class Action Case to its Docket
Posted in Class Action Decisions, Federal Civil Procedure, Federal Court Decisions, Securities Class Actions, Supreme Court Decisions, tagged burden of proof, class certification, erica p. john fund, fraud on the market, halliburton, price inflation, scotus, securities class action, securities fraud, Supreme Court, u.s. supreme court on January 7, 2011 | 1 Comment »
Instead of a trilogy of class action decisions by the U.S. Supreme Court this term, it looks like there will be a “quadrilogy“! For the fourth time in the October 2010 Term, the Court has granted certiorari in a class action-related case. Today, the Court granted cert in Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. The [...]
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 [...]
Tolling the Summer Away
Posted in Class Action Decisions, Class Action Trends, Federal Civil Procedure, Federal Court Decisions, tagged Bright v. U.S., class action tolling, opt-in class action, RCFC 23, RCFC Rule 23, Rule of United States Court of Federal Claims 23, suing the federal government on October 18, 2010 | Leave a Comment »
Editor’s note: The following entry comes from my colleague, Raj Chohan, who has agreed to become a regular contributor to ClassActionBlawg.com. Raj joined Baker Hostetler this fall after graduating from the DU Sturm College of Law in May and successfully completing the Colorado bar exam in July. Law is Raj’s second career, following a successful first [...]
Recent Trends in Federal Class Certification Standards
Posted in Class Action Decisions, Class Action Trends, Federal Civil Procedure, rule 23, tagged american honda motor, class certification, class certification standard, class certification trends, daubert, dukes v. wal-mart, eisen, expert testimony, frcp 23, in re ipo, regression analysis, rigorous analysis, rule 23, statistical evidence on May 4, 2010 | 1 Comment »
I’m embarrassingly late in reporting on them, but I would be remiss if I did not mention two key recent United States Circuit Courts of Appeals decisions addressing the legal standards governing class certification under FRCP 23: In American Honda Motor Co. v. Allen, No. 09-8051 (7th Cir., April 7, 2010) the Seventh Circuit held that a district court abused [...]
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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 [...]
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