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Posts Tagged ‘CAFA’

The United States Supreme Court and Class Actions

Posted in Supreme Court Decisions, tagged , , , , , , , , on April 8, 2010 | Leave a Comment »

I’m embarrassingly late in posting a link to the Supreme Court’s recent decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, slip op. (S. Ct., March 31, 2010) in which the Court held that a New York state rule prohibiting class actions to recover statutory penalties did not apply in a case filed [...]

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CAFA Jurisdiction Survives Decertification

Posted in CAFA Requirements, Class Action Decisions, tagged , , , , , , , 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 [...]

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Supreme Court Embraces Nerve Center Test

Posted in Class Action Decisions, Class Action Fairness Act, Federal Civil Procedure, Supreme Court Decisions, tagged , , , , , , , on March 2, 2010 | Leave a Comment »

On February 23, the Supreme Court issued its decision in Hertz Corp. v. Friend, No. 08-1107, in which it adopted the “nerve center” test as the proper approach for determining a corporation’s principal place of business for diversity jurisdiction.  The Court stated that it was adopting a single test among the numerous approaches previously employed by the [...]

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U.S. Supreme Court Considers Class Action Issues

Posted in Class Action News, Supreme Court Decisions, tagged , , , , , , on June 23, 2009 | Leave a Comment »

This month’s edition of BNA, Inc.’s Class Action Litigation Reporter (available by subscription) tipped me off to three interesting class action-related cases pending before the United States Supreme Court: 1) Morrison v. National Australia Bank, No. 08-1191 (cert pending).  The Court invited the Solicitor General to submit a brief expressing the U.S. government’s views on a petition for certoriari [...]

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Class Action Blogosphere Weekly Review

Posted in Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged , , , , , , , , , , on January 15, 2009 | 1 Comment »

CABWR is finally back after a three week holiday hiatus!  Here are some blog posts from the week that was that might be of interest to class action practitioners: Class Action Decisions CAFA Law Blog discusses a Fifth Circuit Court of Appeals decision addressing jurisdiction under the Class Action Fairness Act (CAFA) before reversing class certification in [...]

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Class Action Blogosphere Weekly Review

Posted in CLE Programs, Class Action Decisions, Class Action News, Class Action Trends, tagged , , , , , on December 17, 2008 | Leave a Comment »

Here are some blog posts from the week that was that might be of interest to class action practitioners: Top Stories that Are Hopefully Not Indicative of Class Action Trends Overlawyered reports on a courtroom fistfight between two lawyers pursuing rival class action suits against the same defendant: http://overlawyered.com/2008/12/new-orleans-brawl-between-class-action-lawyers/ Class Action Decisions How Appealing summarizes and [...]

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CAFA Makes Strange Bedfellows of Trial Lawyers and Strict Constructionists

Posted in Class Action News, Commentary, class action reform, tagged , , , , , , , , , , on December 5, 2008 | Leave a Comment »

Mark Moller of the Cato Institute posted this commentary today arguing that true originalists should not be so quick to extol the virtues of the Class Action Fairness Act of 2005 (CAFA), which is often hailed as a conservative victory in tort reform.  Moller and various other conservative commentators argue that the Act, which expands the statutory grant of [...]

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Class Action Blogosphere Weekly Review

Posted in Class Action Decisions, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, Reports and Surveys, tagged , , , , , , , , , , on November 29, 2008 | Leave a Comment »

CABWR Challenge of the Week Recap I’m very disappointed to have to report that last week’s “Lay Down the Gauntlet” Challenge of the Week did not generate a single vote or comment.  This means that I must arbitrarily assign a label for class actions filed against institutional investors for failing to make a claim in another [...]

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Class Action Blogosphere Weekly Review

Posted in CAFA Requirements, Class Action News, Class Action Trends, Federal Court Decisions, International Class Action Law, Other class action blogs, tagged , , , , , , , , , , on November 12, 2008 | 1 Comment »

Here are some blog posts from the (2) weeks that were that might be of interest to class action practitioners: Responses to the October 29 CABWR “Lay Down the Gauntlet” Challenge of the Week Many thanks to Walter Olson at Point of Law for posting a link to the “Lay Down the Gauntlet” Challenge of the Week from [...]

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Politics and Class Action Reform

Posted in Class Action Fairness Act, Commentary, Other class action blogs, tagged , , , , , , , on October 20, 2008 | 1 Comment »

This evening, I came across an excellent blog article by David J. Sales, a trial lawyer with the Florida personal injury firm, Searcy Denney.  His article discusses Democratic Presidential candidate Barack Obama’s vote in favor of the Class Action Fairness Act of 2005 and the significance of that vote in demonstrating an independent streak, allowing him to counter John McCain’s claim to being the [...]

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