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 [...]
Archive for the ‘Practice Tips’ Category
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 »
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 [...]
Research Guide to Consumer Protection Laws of All 50 States
Posted in Lawyers' Resources, Practice Tips, tagged 50 states, consumer class action, consumer fraud, consumer protection, little ftc, research guide, research paper on January 20, 2011 | 1 Comment »
While doing research for another article today, I came across a terrific resource that could come in handy to any lawyer who handles consumer class actions. It is a 2005 article from Alan S. Brown and Larry E. Hepler entitled Comparison of Consumer Fraud Statutes Across the Fifty States, 55 Fed’n Def. & Corp. Couns. Q. 263 (2005). [...]
Practice Tip: Should a Defendant Challenge Certification Early and Often?
Posted in Commentary, Practice Tips, rule 23, Uncategorized, tagged benzing, class certification, decertification, frcp 12, frcp 23, halftime motion, motion for judgment n.o.v., motion to strike class allegations, reconsider, reconsideration, rule 12(b)(6), rule 12(f), rule 23(c)(4), rule 23(f), trial plan on October 28, 2010 | Leave a Comment »
This article is about defending against class certification based on illogical, circular arguments in support of an oversimplified “one-size-fits all” legal theory based on an amalgam of facts that don’t describe any one class member’s actual experience. (In other words, many defense lawyers would say, it’s about what you face in all class actions.) Most class action defense lawyers are aware of numerous procedural devices that [...]
The Class Action Playbook: the Essential Reference for Class Action Practitioners
Posted in Lawyers' Resources, Practice Tips, Uncategorized, tagged ascertainability, class action book, class action playbook, class action practice guide, class action scholarship, class certification, class certification brief, numerosity, plain language notice, practice tip, trask on October 12, 2010 | 2 Comments »
Andrew Trask, author of the blog Class Action Countermeasures, recently sent me an advance copy of a new book that he co-authored with O’Melveny partner Brian Anderson: The Class Action Playbook (Oxford University Press 2010). The title is self-explanatory, and the book lives up to its name. It’s clear after just a few pages that the authors are [...]
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 [...]
I Object, Unless You Pay Me … One Million Dollars!
Posted in Articles, class action reform, Class Action Trends, Commentary, Practice Tips, tagged class action objection, class certification, objector blackmail, professional objector, quick-pay, settlement approval on December 14, 2009 | Leave a Comment »
Vanderbilt law professor Brian T. Fitzpatrick has published a great new research paper titled The End of Objector Blackmail? The paper discusses the problems of objectors blackmailing the parties to a class action settlement into paying them a portion of the fees at the threat of holding up final approval and resolution of the settlement. Professor Fitzpatrick [...]
Practice Tip: When Life Gives You Lemons, Make Lemonade
Posted in Practice Tips, tagged class certification, decertification, dispositive motion, practice tip on September 3, 2009 | 1 Comment »
Conventional wisdom says that for a defendant, class certification is to be avoided at all costs, and many defendants may assume that the best strategy for dealing with a certified class, short of settlement, is to find a way to get the class decertified. But it’s important to remember that a class action judgment has a preclusive [...]
Predicting Claims Rates in Class Action Settlements
Posted in Practice Tips, tagged claim rate, claims filing rate, claims made settlement, claims rate, class action settlement, common fund settlement, notice administrator, settlement benefits, settlement claim, take rate on May 20, 2009 | Leave a Comment »
Thanks to Dan Trudeau of Rust Consulting for recommending a useful article authored by his colleague Tiffaney Allen entitled Anticipating Claims Filing Rates in Class Action Settlements. The article is dated November 2008, but it was new to me. The article provides only a basic summary of the many factors that can impact settlement claims rates, but it [...]
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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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