Alison Frankel, whose On the Case blog is featured in the Thomson Reuters News and Insight section, posted this interesting article today discussing a novel alternative to the class action as a device to resolve mass disputes. The procedural device in question is Article 77 of the New York State Code, which allows a trustee to seek court approval of decisions relating [...]
Archive for the ‘CAFA Requirements’ Category
Can’t Seem to Find Common Ground with Plaintiff’s Counsel? Try the Trustee.
Posted in CAFA Requirements, Class Action Decisions, Class Action Settlements, Class Action Trends, Other class action blogs, tagged article 77, bank of america, blackrock financial, CAFA, class action, diversity jurisdiction, erisa, frankel, new york state code, opt out, second circuit, securities class action, securities class action trends, securities exception, trustee on February 27, 2012 | Leave a Comment »
Don’t Miss the CAFA Removal and Remand Developments Seminar, March 29, 2011
Posted in CAFA Requirements, Class Action Trends, CLE Programs, tagged 28 U.S.C. 1332, 28 U.S.C. 1441, amount in controversy, CAFA, CAFA removal, cappuccitti, Class Action Fairness Act, CLE program, diversity jurisdiction, eleventh circuit, removal, strafford publications on February 24, 2011 | Leave a Comment »
I will be speaking in an upcoming live phone/web seminar on CAFA removal issues sponsored by Strafford Publications. Here is some information about the program: CAFA Removal and Remand: Latest Developments Tuesday, March 29, 1:00pm-2:30pm EDT Program Description: Jurisdictional ambiguities in the CAFA statute continue to challenge litigators. One example is the Eleventh Circuit’s Cappuccitti [...]
CAFA Jurisdiction Survives Decertification
Posted in CAFA Requirements, Class Action Decisions, tagged Baker Hostetler, CAFA, certification, Class Action Fairness Act, decertification, diversity jurisdiction, posner, seventh circuit on March 23, 2010 | Leave a Comment »
While browsing the news today, I came across an informative class action-related snippet on www.lexology.com apparently authored by someone at my firm. (I’m not sure specifically whom to credit for the tip, I just know it wasn’t me.) The article summarizes a January 2010 decision authored by Seventh Circuit Court of Appeals Judge Richard Posner regarding the impact [...]
Class Action Blogosphere Weekly Review
Posted in CAFA Requirements, Class Action News, Class Action Trends, Federal Court Decisions, International Class Action Law, Other class action blogs, tagged CAFA, class action commentary, Class Action Decisions, Class Action News, Class Action Trends, ERISA Class Action, International Class Action Law, nflpa class action, PLSRA Class Action, RICO Class Action, TCPA Class Action on November 12, 2008 | 1 Comment »
Here are some blog posts from the (2) weeks that were that might be of interest to class action practitioners: Responses to the October 29 CABWR “Lay Down the Gauntlet” Challenge of the Week Many thanks to Walter Olson at Point of Law for posting a link to the “Lay Down the Gauntlet” Challenge of the Week from [...]
Class Action Blogosphere Weekly Review
Posted in CAFA Requirements, Class Action News, Class Action Trends, Commentary, Federal Court Decisions, International Class Action Law, Other class action blogs, Practice Tips, tagged blawg review, blog review, class action blog, Class Action News, Class Action Trends on August 19, 2008 | 2 Comments »
Here are links to some blog posts from the week that was that might be of interest to class action practitioners: Class Action Decisions Class Action Defense Blog reviews a recent decision by the U.S. District Court for the Eastern District of Missouri denying class certification in consolidated cases filed by U.S. rice growers against [...]
Class Action Blogosphere Weekly Review
Posted in CAFA Requirements, Class Action News, Class Action Trends, Commentary, Federal Court Decisions, International Class Action Law, Other class action blogs, Practice Tips, tagged blawg review, blog review, class action blawg, class action blog, Class Action News, Class Action Trends on August 13, 2008 | Leave a Comment »
Due to my blog sabbatical last week, here are two weeks worth of blog postings that might be of interest to class action practitioners: Class Action Decisions The folks at CAFA Law Blog decided to post a great new entry on a recent Class Action Fairness Act decision seemingly every few minutes during the past [...]
CAFA Official Notice Requirements in Action
Posted in CAFA Requirements, Class Action Trends, Federal Court Decisions, tagged 28 U.S.C. 1715, appropriate government official, attorney general actions, CAFA, Class Action Fairness Act, class action notice, class notice, consumer class actions on June 25, 2008 | 2 Comments »
If you’re interested in what “appropriate” governmental officals could do after receiving notice of a federal class action settlement, here’s a case that might interest you. (See my earlier entries on the official notice requirements of 28 U.S.C. 1715 dated March 28 and April 9). In Figueroa v. Sharper Image Corp., Case No. 05-21251-CIV-ALTONAGA/Bandstra (S.D. Fla., [...]
Class Action Blogosphere Weekly Review
Posted in CAFA Requirements, Class Action News, Class Action Trends, Federal Court Decisions, Other class action blogs, tagged antitrust, blawg review, blog review, blogosphere, CAFA, class action blawg, class action blog, FACTA, forum shopping, franchise class action, merits inquiry, punitive damage, subprime on May 20, 2008 | Leave a Comment »
The Class Action Blogosphere Weekly Review is back on its regularly scheduled day this week. As always, here are some blog entries that might be of interest to class action practitioners… See Carlton Fields’ class action blog Classified for links to various news tidbits relating to class actions, including a summary of a bill recently passed in [...]
Practice Tip: Think CAFA Requirements Only Apply In Removed Cases? Think Again.
Posted in CAFA Requirements, Practice Tips on April 9, 2008 | 3 Comments »
One misconception that many lawyers have (and admittedly I was one of them until recently) is that the Official Notice requirement imposed under the Class Action Fairness Act (CAFA), codified at 28 U.S.C. 1715, applies only to cases removed under the CAFA’s jurisdictional provisions, codified as part of 28 U.S.C. 1332. However, the notification requirements of section [...]
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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. [...]
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