The 5th Annual Conference on the Globalization of Class Actions and Mass Litigation was even better than advertised. It was an engaging and enlightened gathering of the world’s top experts in the areas of class, collective, and mass litigation. And what better environment to have a conference on developments in international law than at the beautiful and historic Raad [...]
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Notes from the 5th Annual Conference on the Globalization of Class Actions and Mass Litigation, Session I – The Challenge of Mass Communications
Posted in Uncategorized, Class Action Trends, International Class Action Law, CLE Programs, tagged class action, international class action, collective action, mass action, european class action, PR, dutch class action, taco bell, public relations, globalization, mass communication, aggregated action, dexia on December 15, 2011 | 5 Comments »
2010 Class Action Year in Review
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), all writs act, baycol, CAFA, CAFA removal, civil rights class action, class action review, Class Action Trends, class arbitration, class arbitration waiver, discrimination class action, diversity jurisdiction, dukes, FAA, foreign cubed, morrison, nerve center, preemption, rigorous analysis, shady grove, stolt-nielsen, top ten lists, wal-mart, year in review on December 31, 2010 | 1 Comment »
As 2010 winds down, it’s time to review the key developments in class action law. It was an especially busy year for the federal courts, and in particular the U.S. Supreme Court, on issues impacting class action practice. Here, in chronological order, are 10 key developments from the year that was: January 5 – In In [...]
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. [...]
AT&T Mobility v. Concepcion – summary of oral argument
Posted in Class Action News, Supreme Court Decisions, Uncategorized, tagged alito, AT&T Mobility, class action waiver, class arbitration waiver, concepcion, FAA, ginsburg, kagen, pincus, scalia, supreme court scotus on November 17, 2010 | 3 Comments »
The Supreme Court heard argument last week in the case that many commentators were calling a possible death knell for consumer class actions. (See previous CAB posts on Nov. 4, 2010 and Nov. 9, 2010) So does the future of consumer class actions still seem dire after oral argument? The basic issue is whether the [...]
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 [...]
Strategies for Pursuing Appellate Review under FRCP 23(f), Or Not, Part Deux
Posted in Uncategorized on May 11, 2010 | Leave a Comment »
Strafford Publications is scheduling an encore presentation of the riveting CLE teleconference: Rule 23(f) Class Certification Appeals Strategies for Pursuing or Opposing Appellate Review in the Absence of Clear Standards This program was first presented in January 2009, and apparently folks liked it enough to justify a reprise. Check back here over the next few weeks for more [...]
Upcoming CLE: Proving Common Impact in Antitrust Class Actions
Posted in Class Action Trends, CLE Programs, Uncategorized, tagged antritrust class action, class action CLE, Class Action Trends, cle, dukes, in re hydrogen peroxide, regression analysis, vigorous analysis on April 29, 2010 | Leave a Comment »
If you’re in the need for CLE credits, or simply just want to keep up on some of the hottest topics in class action litigation, here’s an upcoming program that you should consider. Although the program ostensibly covers antitrust class actions, many of the concepts will be applicable to consumer and securities class actions as well. Thanks [...]
Vivendi Verdict Thickens Plot in Foreign-Cubed Class Action Battle
Posted in Class Action Decisions, Class Action Trends, International Class Action Law, Securities Class Actions, Uncategorized, tagged f-cubed, foreign cubed, international class action, morrison, securities class action, securities fraud, transnational class action, vivendi on February 8, 2010 | 1 Comment »
As reported by a variety of news outlets, including the New York Times and Wall Street Journal, on January 29, a federal jury found French conglomerate Vivendi liable for securities fraud, setting the stage for a potential multi-billion dollar damages award. In 2008, the United States District Court for the Southern District of New York had made headlines [...]
The Lighter Side of Class Actions
Posted in Class Action Humor, Uncategorized, tagged Class Action News, fake news, parody, satire on July 14, 2008 | Leave a Comment »
I came across a couple of funny blog posts this week reporting on class actions that are only slightly too outrageous to be real. Fundamentally Flawed fake reporter Brian Barrish reported on a class action filed against “a popular group known as the Christians plagiarized nearly all of their religious texts from earlier sources,” while The Nose on Your [...]
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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 [...]
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