I’m embarrassingly late in posting a link to a terrific article from Steptoe & Johnson Partner Jennifer Quinn-Barabanov entitled Has Dukes Killed Medical Monitoring? The article, published in the November 2011 Issue of DRI’s For the Defense Magazine, explores the potential impact of the Supreme Court’s decision Dukes in defending against class certification of product liability [...]
Archive for the ‘Practice Tips’ Category
Dukes, Medical Monitoring, and the Distinction Between Equitable and Injunctive Relief
Posted in Articles, Class Action Trends, Practice Tips, rule 23, Supreme Court Decisions, tagged 23(b)(2), class certification, commonality, daubert, dukes, equitable, expert, injunctive relief, medical monitoring, rule 23, scotus, Supreme Court, wal-mart on January 30, 2012 | Leave a Comment »
Drug and Device Product Liability Litigation Strategy – An Indispensible Practice Guide
Posted in Mass Tort, Practice Tips, tagged drug and device, mass tort, mdl, medical products liability, multidistrict litigation, practice guide, practice tip, product liability, products liability on January 24, 2012 | Leave a Comment »
In December, I posted this preview of the then forthcoming book, Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden (Oxford University Press 2011). I received my copy of the book just before the holidays, and it is as good as advertised. The book has many strengths. It is comprehensive, generally accessible, eloquently written, [...]
Presentation Materials for Tomorrow’s Webinar on Class Action Objectors
Posted in CLE Programs, Practice Tips, tagged class action, class action objector, class action settlement, greenmail, professional objector, strafford on January 9, 2012 | 1 Comment »
For those who can’t make the live presentation, or those who simply can’t wait until tomorrow, here are the Program Slides for tomorrow’s Strafford webinar, Class Action Settlement Objectors, Minimizing and Defending Challenges by Professional Objectors, Government Officials and Public Interest Groups. We hope you can make it!
Notes from the 5th Annual Conference on the Globalization of Class Actions and Mass Litigation, Session 3 – Managing the Mass
Posted in Class Action Trends, International Class Action Law, Practice Tips, tagged belgium, case management, civil law, class action, Electronic discovery, high court of justice, International Class Action Law, jarndyce, mass action, rosenthal, s.d. tex, southern district of texas, steel, telekom, tort, verougstraete on December 27, 2011 | 3 Comments »
This is the third in a multi-part post summarizing last week’s 5th Annual Conference on the Globalization of Class Actions and Mass Litigation. Click these links to see the summaries for Session 1 and Session 2. Session 3: Managing the Mass: Judicial Case Management As the title suggests, this presentation focused on strategies for judges [...]
BNA Article: Class Action Settlement Objectors: Minor Nuisance or Serious Threat to Approval?
Posted in Articles, Practice Tips, tagged attorney general, bna, bna reporter, class action, class action settlement, fairness hearing, final approval, government objector, non-profit objector, nonprofit objector, objector, professional objector, public interest objector, settlement objector on September 15, 2011 | Leave a Comment »
For those of you who hadn’t already seen it, here is a link to an article that Raj Chohan and I co-authored entitled Class Action Settlement Objectors: Minor Nuisance or Serious Threat to Approval? which was published in both the BNA Product Safety Reporter & Liability and Class Action Litigation Report several weeks ago. I had asked for and received [...]
There’s More than One Way to Fill a Taco
Posted in Class Action Trends, Practice Tips, tagged class action extortion, false advertising, media blitz, media campaign, PR, public relations, taco bell on May 19, 2011 | 1 Comment »
John Browning, who writes the column Legally Speaking for Dallas Blog, has an interesting article today entitled Standing Up to Class Action Bullies. The article recounts Taco Bell’s successful public relations campaign in response to a would-be class action, which was ultimately dismissed voluntarily, alleging that it had committed false advertising by not telling customers that its beef [...]
Public Interest Objectors in Class Action Settlements
Posted in Articles, Class Action Settlements, Practice Tips, tagged appropriate government official, class action notice, class action settlement, coupon settlement, cy pres, nonprofit objector, organized objector, professional objector, public interest objector, reversion on April 21, 2011 | 1 Comment »
Recently, I have commented on two types of objectors in class action settlements. This March 31 entry discusses the problem of so-called “professional” objectors. And this April 12 entry addresses objections raised by government officials. There is at least one other type of organized objectors to class action settlements: public interest organizations. (I use the term “organized objectors” to distinguish these types [...]
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 [...]
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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 | 6 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. [...]
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