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Archive for the ‘rule 23’ Category

A proposed bill to amend the California Code of Civil Procedure to create a class action rule similar to Rule 23, Federal Rules of Civil Procedure, has apparently failed for the time being.  Among other things, ABX8 38 would have replaced Code of Civil Procedure Section 382 with a rule setting forth more specific, statutory prerequisites to class certification, similar to [...]

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Two of my greatest passions are class action law and NFL football, although not necessarily in that order.  So, my interest is always piqued when the two are combined.  Much to my delight, I came across this article from Rebecca Mowbray of The Times-Picayune that Saints Coach Sean Payton is the lead plaintiff in a putative class action filed in [...]

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Economist David Gulley, Ph.D., of Navigant Consulting, has authored an informative white paper entitled Recent Trends in Rule 23 Class Certification Expert Analysis.  Dr. Gulley’s article explores the expanding role of experts and increased scrutiny over expert opinion testimony in class certification proceedings in light of recent federal appellate decisions placing renewed emphasis on the rigorous analysis standard.  See the Second Circuit’s [...]

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If my recent post about the upcoming January 20, 2009 Class Action Law Monitor/Strafford Publications CLE on Rule 23(f) appeals didn’t convince you to sign up, perhaps this preview of the speakers and topics will: I.                   Key features of Rule 23(f) (Barry Sullivan, Partner, Jenner & Block, Chicago) A.    No automatic right to appeal  B.     No automatic stay of [...]

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If you’re looking for a fun-filled way to spend a Tuesday lunch hour and need CLE credits, check out Strafford Publications’ upcoming CLE Teleconference Rule 23(f) Class Certification Appeals: Strategies for Pursuing or Opposing Appellate Review in the Absence of Clear Standards.  The fun will begin on January 20, 2009 at 1PM Eastern.  For more information [...]

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As someone who reads a lot of news articles about class action lawsuits, I see a lot of technical misstatements by the media in reporting on the mechanics of class action procedure.  To most casual readers, these errors may not be that important to the overall story about a particular lawsuit, so the distinctions that I [...]

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Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Decisions The Complex Litigator and The UCL Practitioner offer analysis of a recent California class certification decision addressing a variety of issues, including ascertainability of the class, evaluation of the merits in ruling on [...]

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Class Action Haiku

Certification of a class requires proof of numerosity.

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A few sources, including Slate and American Thinker, have reported on a CNBC interview of bajillionaire Warren Buffet yesterday in which he suggested that donors to John Edwards’ presidential campaign file a class action against him for solicing contributions, knowing that reports of his extramarital affair with videographer Rielle Hunter would eventually come to light: it might be kind of interesting if somebody, some [...]

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Does a United States Circuit Court of Appeals decision not to review an order granting or denying class certification mean that the appellate court agreed with the class certification order?  Not necessarily. Since 1998, Rule 23(f) of the Federal Rules of Civil Procedure has provided a way to seek appellate review of a federal district court’s grant or [...]

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