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 ‘Class Action Fairness Act’
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 »
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, [...]
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 [...]
Eleventh Circuit Takes a Mulligan on Cappuccitti
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, tagged amount in controversy, CAFA, capppuccitti, Class Action Fairness Act, diversity jurisdiction, eleventh circuit on October 20, 2010 | 1 Comment »
The Eleventh Circuit Court of Appeals reversed itself just months after its widely reviled opinion in Cappuccitti v. DirecTV. In a per curiam opinion issued October 15, 2010, a three judge panel concluded, on rehearing, that the earlier Cappuccitti decision was simply “incorrect.” The key holding means that a plaintiffs’ class under CAFA does not [...]
CAFA Jurisdiction Survives Decertification
Posted in CAFA Requirements, Class Action Decisions, tagged Baker Hostetler, CAFA, certification, Class Action Fairness Act, decertification, diversity jurisdiction, posner, seventh circuit 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 [...]
Supreme Court Embraces Nerve Center Test
Posted in Class Action Decisions, Class Action Fairness Act, Federal Civil Procedure, Supreme Court Decisions, tagged 28 U.S.C. 1332, CAFA, Class Action Fairness Act, class action removal, diversity jurisdiction, nerve center, principal place of business, removal on March 2, 2010 | 1 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 [...]
Class Action Blogojevich Weekly Review
Posted in Class Action Decisions, Class Action Fairness Act, Class Action News, class action reform, Class Action Trends, International Class Action Law, Other class action blogs, tagged aggregate litigation, class action commentary class action scholarship, Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, class certification, International Class Action Law, UDCPA on December 11, 2008 | Leave a Comment »
Here are some blog posts from the week that was that might be of interest to class action practitioners: Class Action-Related Post of the Week Kudos to the folks at Drug and Device Law Blog on their excellent review, with the help of O’Melveny’s John Beisner, of the most recent draft of ALI’s Principles of Aggregate Litigation: http://druganddevicelaw.blogspot.com/2008/12/umm-what-he-said.html [...]
CAFA Makes Strange Bedfellows of Trial Lawyers and Strict Constructionists
Posted in Class Action News, class action reform, Commentary, tagged atla, CAFA, Class Action Fairness Act, federalist society, originalism, originalist, strict constructionism, strict constructionist, textualism, textualist, trial lawyer 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, CLE Programs, tagged CAFA, class action commentary, Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends 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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