Last Friday, the Seventh Circuit Court of Appeals issued a significant employment class action decision that may challenge conventional wisdom about the impact of the Supreme Court’s 2011 decision in Wal-Mart Stores, Inc. v. Dukes. The opinion, authored by respected Judge Richard Posner, is McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. [...]
Posts Tagged ‘23(b)(2)’
Think Dukes Was the End of the Employment Discrimination Class Action? Think Again.
Posted in Class Action Trends, Employment Class Actions, Federal Court Decisions, tagged 23(b)(2), 23(c)(4), class action, class certification, class treatment, disparate impact, dukes, employment discrimination, frcp 23, issue certification, mcreynolds, merrill lynch, posner, rule 23, seventh circuit, Supreme Court, wal-mart on February 29, 2012 | 2 Comments »
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 »
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 [...]
Don’t Miss Next Week’s CBA-CLE Legal Connection Program, Wal-Mart v. Dukes: Reshaping Class Certification
Posted in CLE Programs, tagged 23(b)(2), class certification, classwide proof, cle, common proof, commonality, continuing legal education, daubert, disparate impact, dukes, employment class action, expert testimony, rigorous analysis, scotus, statistical evidence, Supreme Court, wal-mart on July 5, 2011 | Leave a Comment »
Along with leading Colorado Employment attorney Todd J. McNamara, I’ll be presenting at a breakfast seminar at the CBA-CLE next Tuesday with the (hopefully) self-explanatory title: Wal-Mart v. Dukes: Reshaping Class Certification. The particulars follow below. Hope to see you there! When: July 12, 2011 8:30 AM – 9:30 AM Where: CLECI Large Classroom 1900 Grant Street, Suite 300 [...]
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, [...]
Supreme Court Set to Hear Argument in Wal-mart v. Dukes Next Tuesday
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged 23(a), 23(b), 23(b)(2), back pay, class action, dukes, employment class action, frcp 23, injunctive, Supreme Court, u.s. supreme court, wal-mart on March 25, 2011 | Leave a Comment »
The United States Supreme Court will hold oral argument next Tuesday, March 29, 2011, in case of Wal-mart v. Dukes, No. 10-277. The issue for review, at least so far, according to order granting certiorari, is: Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) – which by its terms [...]
BH Executive Alert: Seventh Circuit Issues Significant Decision on Consumer Injunctive Relief Class
Posted in Class Action Decisions, Consumer Class Actions, Federal Civil Procedure, Federal Court Decisions, tagged 23(b)(2), Baker Hostetler, injunctive class action, injunctive relief, kartman, seventh circuit on February 24, 2011 | Leave a Comment »
The Baker Hostetler website has a new Executive Alert discussing the Seventh Circuit Court of Appeals’ decision in Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830, and its potential implications. Kartman addressed, among other things, the applicability of Rule 23(b)(2) to consumer class actions in which the ultimate goal is [...]
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. [...]
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The “Reverse Class Action”: An Old Idea with a Shiny New Package
Posted in Class Action Trends, Commentary, tagged 23(b)(1), 23(b)(2), copyright class action, copyright infringment, defendant class, dukes, dukes v. wal-mart, p2p, reverse certification, reverse class action, reverse class certification, wal-mart v. dukes on February 7, 2011 | 1 Comment »
The seemingly revolutionary concept of a “reverse class action” has gotten some attention from the technical media lately, in reference to efforts by the holder of a copyright to seek common relief against a group of alleged infringers. As pointed out earlier today by Mike Masnick in this entry on his blog TechDirt, “reverse class action” in this context is actually a procedural [...]
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