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 ‘rule 23’ 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 »
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 [...]
2010-11 U.S. Supreme Court Class Action Tally: Defendants 1, Plaintiffs 1
Posted in rule 23, Securities Class Actions, Supreme Court Decisions, tagged erica p. john, fifth circuit, fraud on the market, frcp 23, preponderance, presumption of reliance, rule 23, securities class action, securities fraud on June 6, 2011 | Leave a Comment »
Just when we were starting to think that 2011 might mark the end of the great American class action… Today, the Supreme Court issued a unanimous decision reversing a denial of class certification in the securities class action Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403, slip op (June 6, 2011). In the opinion, authored by [...]
Is the Key to Class Actions Under FRCP 23(b)(2) that the Plaintiff Seeks “Equitable” Relief, or that the Plaintiff Seeks “Monetary” Relief?
Posted in Class Action Decisions, Employment Class Actions, Federal Court Decisions, rule 23, tagged 23(b)(2), back pay, class action, dukes, employment discrimination, equitable, injunctive relief, monetary, posner, wal-mart on April 7, 2011 | Leave a Comment »
Last week, Seventh Circuit Court of Appeals Judge Richard Posner authored an opinion addressing one of the key issues awaiting a ruling by the United States Supreme Court this term, holding that an employment discrimination class action seeking back pay could not be certified under FRCP 23(b)(2). Here is a relevant excerpt from the opinion, Randall v. Rolls-Royce Corp., No. 10-3446, [...]
Audio for Colorado Supreme Court Arguments on Class Actions Available
Posted in Class Action News, Colorado Class Action News, rule 23, tagged causation, colorado class action, colorado supreme court, consumer fraud, garcia, medved, patterson, pb america, presumed reliance, reliance on March 1, 2011 | Leave a Comment »
The audio feeds for the arguments in three of the four class-action related cases heard today by the Colorado Supreme Court are now available on the court’s website. Here are some links: 09SC1080 Garcia v. Medved 10SC214 BP America v. Patterson 10SC77 – State Farm v Reyher
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 [...]
Cert Granted in Walmart v. Dukes
Posted in Class Action News, Employment Class Actions, rule 23, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), dukes, dukes v. wal-mart, employment class action, employment discrimination, scotus, u.s. supreme court on December 7, 2010 | 2 Comments »
Can plaintiffs seek back-damages using a class action vehicle that’s built for righting wrongs in equity through remedies like injunction? In the biggest work place class action ever, the United States Supreme Court has granted cert on the question of whether plaintiffs can use the Rule 23(b)(2) injunctive class procedure as a vehicle to seek money damages. [...]
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 [...]
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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Demanding More from Outside Counsel
Posted in Commentary, Other class action blogs, rule 23, tagged class action, constitutional law, constitutionality, herrmann, legal theory, outside counsel, redish, rule 23, trends on January 14, 2012 | Leave a Comment »
Mark Herrmann, former contributor to Drug and Device Law Blog and Vice President and Chief Counsel for Litigation at Aon, Inc., recently authored and entertaining and enlightening post in the legal industry blog, Above The Law. In Inside Straight, Torpedoing Class Actions, Herrmann highlighted a 2009 book by Northwestern Law’s Martin Redish entitled Wholesale Justice: Constitutional Democracy and the Problem of the Class [...]
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