Robert H. Klonoff, Dean of the Lewis and Clark Law School and author of the quintessential class action compendium, Class Actions and Other Multi-Party Litigation in a Nutshell, has authored an excellent research paper entitled The Decline of Class Actions. The paper which will be published in Volume 90 of the Washington University Law Review, [...]
Posts Tagged ‘CAFA’
The Decline of Class Actions, in a Nutshell
Posted in Class Action Trends, tagged adequacy, arbitration, CAFA, Class Action Fairness Act, class action trend, class certification, class definition, commonality, concepcion, dukes, fail-safe, klonoff, lewis and clark, numerosity, nutshell, typicality, wal-mart on May 8, 2012 | Leave a Comment »
Can’t Seem to Find Common Ground with Plaintiff’s Counsel? Try the Trustee.
Posted in CAFA Requirements, Class Action Decisions, Class Action Settlements, Class Action Trends, Other class action blogs, tagged article 77, bank of america, blackrock financial, CAFA, class action, diversity jurisdiction, erisa, frankel, new york state code, opt out, second circuit, securities class action, securities class action trends, securities exception, trustee on February 27, 2012 | Leave a Comment »
Alison Frankel, whose On the Case blog is featured in the Thomson Reuters News and Insight section, posted this interesting article today discussing a novel alternative to the class action as a device to resolve mass disputes. The procedural device in question is Article 77 of the New York State Code, which allows a trustee to seek court approval of decisions relating [...]
Roundup of Recent Federal Court of Appeals Decisions on Class Action Issues
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, tagged amount in controversy, CAFA, chimei, circuit court of appeals, cy pres, easterbrook, federal court of appeals, fifth circuit, fourth circuit, keeling, klier, ninth circuit, parens patriae, punitive damages, remand, removal, seventh circuit on October 4, 2011 | Leave a Comment »
Having been focused on several other speaking and writing projects recently (in addition to my day job), it’s taken longer than I had hoped to comment on several recent class-action-related decisions by the federal circuit courts of appeals. Here’s a brief summary of three recent decisions of note: Washington State v. Chimei Innolux Corp., No. 11-16862 [...]
If at First You Don’t Succeed, Try, Try Again
Posted in Class Action Decisions, Class Action Fairness Act, Supreme Court Decisions, tagged anti-injunction act, CAFA, claim preclusion, collateral estoppel, frcp 23, home state, issue preclusion, kagan, local controversy, relitigation exception, rule 23, scotus, smith v. bayer, Supreme Court, u.s. supreme court, west virginia on June 16, 2011 | 2 Comments »
Earlier today, the Supreme Court issued its third of four class action-related decisions for the October 2010 term. In Smith v. Bayer Corp., No. 09-1205, the Court held that a federal court exceeded its authority when it issued an injunction preventing a state court from considering whether to certify a class on claims in which [...]
Fourth Circuit Holds that CAFA Does Not Apply to State Parens Patriae Action
Posted in Class Action Decisions, Class Action Fairness Act, tagged 1332, 1446, CAFA, Class Action Fairness Act, diversity jurisdiction, mcgraw, parens patriae, removal, west virginia on May 23, 2011 | 3 Comments »
One of the more significant issues relating to the Class Action Fairness Act of 2005 (CAFA) that has percolating through the federal courts over the past few years is whether parens patriae actions brought by state attorneys’ general seeking to recover damages for their citizens are “class actions” that can be removed to federal court. On Friday, [...]
DirectBuy Settlement Rejected
Posted in Class Action Decisions, Class Action Fairness Act, Class Action Settlements, Federal Court Decisions, tagged ags, attorney general, attorneys general, CAFA, class action objectors, class action settlement, class action settlement approval, coupon settlement, directbuy, district of connecticut, fairness hearing, janet c. hall, procedural fairness, substantive fairness on May 16, 2011 | 3 Comments »
United States District Court Judge Janet C. Hall issued an order today rejecting the proposed settlement in Wilson v. DirectBuy, Inc., No. 3:09-CV-590 (JCH) (D. Conn. May 16, 2011) (Here is a link to the slip opinion). The controversial settlement had been opposed by 39 attorneys general, a nonprofit consumer rights organization, and had been singled [...]
Don’t Miss the CAFA Removal and Remand Developments Seminar, March 29, 2011
Posted in CAFA Requirements, Class Action Trends, CLE Programs, tagged 28 U.S.C. 1332, 28 U.S.C. 1441, amount in controversy, CAFA, CAFA removal, cappuccitti, Class Action Fairness Act, CLE program, diversity jurisdiction, eleventh circuit, removal, strafford publications on February 24, 2011 | Leave a Comment »
I will be speaking in an upcoming live phone/web seminar on CAFA removal issues sponsored by Strafford Publications. Here is some information about the program: CAFA Removal and Remand: Latest Developments Tuesday, March 29, 1:00pm-2:30pm EDT Program Description: Jurisdictional ambiguities in the CAFA statute continue to challenge litigators. One example is the Eleventh Circuit’s Cappuccitti [...]
A Breach of Contract Doesn’t Equal Fraud, and Other Observations
Posted in Class Action Decisions, Consumer Class Actions, Federal Court Decisions, tagged aftermarket parts, avery, breach of contract, CAFA, Class Action Fairness Act, consumer class action, consumer fraud, federal jurisdiction, fiduciary, fraud, geico, greenberger, insurance class action on January 11, 2011 | 1 Comment »
Two colleagues separately sent me a copy of the Seventh Circuit Court of Appeals’ decision yesterday in Greenberger v. GEICO General Insurance Co., slip op., No. 09-1603 (7th Cir., Jan. 10, 2011) (Sykes, J.), so I thought it was worthy of a summary. Greenberger involved would-be class action claims against an insurer for the alleged practice of not [...]
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 [...]
Subscribe by Email
Twitter Feed: @classaction
- More Perspectives on Trends in Class Arbitration Waivers a Year After Concepcion bit.ly/LjFGTu 1 day ago
- California Supreme Court to Weigh in on Statistical Sampling bit.ly/KKBau8 4 days ago
- It’s Not too Late to Sign up for Next Week’s CLE Webinar on Statistics in Class Actions bit.ly/KGpifs 1 week ago
-
Our Contributors
-
Recent Comments
- More Perspectives on Trends in Class Arbitration Waivers a Year After Concepcion « ClassActionBlawg.com on Concepcion a Year Later, Are Consumer Class Actions Dead Yet?
- California Supreme Court to Weigh in on Statistical Sampling « ClassActionBlawg.com on Trial By Formula, Statistical Sampling, and the Right to Due Process
- Concepcion a Year Later, Are Consumer Class Actions Dead Yet? « ClassActionBlawg.com on Battleground TCPA
- Concepcion a Year Later, Are Consumer Class Actions Dead Yet? « ClassActionBlawg.com on NYT Dealbook Blog: Explaining the Securities Class Action Downturn
- Concepcion a Year Later, Are Consumer Class Actions Dead Yet? « ClassActionBlawg.com on Will AT&T Mobility v. Concepcion Really Kill the Consumer Class Action?
Archives
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
Posts by Date
-
-
Tags
“Like” Us On Facebook
Paul Karlsgodt
Raj Chohan
CAB Staff
When 36 AGs Object to Your Class Action Settlement, That’s Not a Good Sign
Posted in CAFA Requirements, Class Action News, Commentary, tagged amicus, amicus brief, appropriate government official, attorney general, CAFA, class action notice, coupon settlement, directbuy, parens patriae on April 12, 2011 | 5 Comments »
Rita Robinson, who writes the Boomer Consumer blog for the Seattle Post-Intelligencer, posted an entry titled Attorneys general oppose DirectBuy’s class-action lawsuit settlement discussing an amicus brief filed by Attorneys General from 34 states, Puerto Rico, and the District of Columbia objecting to a proposed settlement in a consumer fraud class action brought against online wholesale club DirectBuy, Inc. in the U.S. [...]
Read Full Post »