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 [...]
Posts Tagged ‘Class Action Fairness Act’
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 »
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 | 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 [...]
Class Action Blogojevich 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, class action reform, tagged class certification, Class Action Trends, Class Action News, International Class Action Law, Class Action Fairness Act, Class Action Decisions, class action commentary class action scholarship, UDCPA, aggregate litigation 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, Commentary, class action reform, 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 [...]
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 CAFA, class action commentary, Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, class certification decision, ERISA Class Action, International Class Action Law, securities class action, transnational class action 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 [...]
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged attorneys fees, blawg review, blog review, CAFA, Class Action Decisions, Class Action Fairness Act, Class Action News, class action publicity, class action review, Class Action Trends, fee sharing, fee splitting, International Class Action Law on September 23, 2008 | Leave a Comment »
Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Decisions The UCL Practitioner quotes a recent California Court of Appeal decision reversing a trial court’s order denying class certification on the ground that the court had not allowed pre-certification discovery of the identity of [...]
CAFA Official Notice Requirements in Action
Posted in CAFA Requirements, Class Action Trends, Federal Court Decisions, tagged 28 U.S.C. 1715, appropriate government official, attorney general actions, CAFA, Class Action Fairness Act, class action notice, class notice, consumer class actions on June 25, 2008 | Leave a Comment »
If you’re interested in what “appropriate” governmental officals could do after receiving notice of a federal class action settlement, here’s a case that might interest you. (See my earlier entries on the official notice requirements of 28 U.S.C. 1715 dated March 28 and April 9). In Figueroa v. Sharper Image Corp., Case No. 05-21251-CIV-ALTONAGA/Bandstra (S.D. Fla., [...]
Subscribe by Email
Twitter Feed: @classaction
- Tip: court has an ongoing duty to assess certification before trial. Don't be shy. Ask for 2nd review, especially if things have changed. 2 days ago
- Tip: Ascertainability of class members isn't an express Rule 23 requirement, but it's widely recognized to be a prerequisite to class cert. 4 weeks ago
- CO attys: Don't miss the CBA class action subsection's lunch CLE on the latest trends in class action law, today at noon at the CBA offices. 2 months ago
-
Recent Comments
- Elena Kagan and Class Actions « ClassActionBlawg.com on Supreme Court Appointee Sotomayor’s Judicial Record in Class Actions
- Paul Karlsgodt on New Class Action Attorney Registration Requirements Adopted
- Strategies for Pursuing Appellate Review under FRCP 23(f), Or Not, Part Deux « ClassActionBlawg.com on Strategies for Pursuing Appellate Review Under FRCP 23(f)…Or Not
- JSwigart on New Class Action Attorney Registration Requirements Adopted
- NERA Economic Consulting Reports on Securities Class Action Trends in Australia « ClassActionBlawg.com on Private Litigation Funding Catching on in Loser Pays Jurisdictions
-
Recent Posts
Archives
- 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
-
Our Contributors
Posts by Date
September 2010 M T W T F S S « Jun 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 -
-
Tags
Paul Karlsgodt
Class Action Blogosphere Weekly Review
Posted in CLE Programs, Class Action Decisions, Class Action News, Class Action Trends, tagged Class Action Trends, Class Action News, CAFA, Class Action Fairness Act, class action commentary, Class Action Decisions 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 [...]
Read Full Post »