A proposed bill to amend the California Code of Civil Procedure to create a class action rule similar to Rule 23, Federal Rules of Civil Procedure, has apparently failed for the time being. Among other things, ABX8 38 would have replaced Code of Civil Procedure Section 382 with a rule setting forth more specific, statutory prerequisites to class certification, similar to [...]
Posts Tagged ‘class action reform’
California Class Action Bill “Died at Desk”
Posted in Class Action News, class action reform, rule 23, tagged california class action, california class action bill, california class action rule, class action reform, class action rule, rule 23 on March 16, 2010 | Leave a Comment »
UK Facing Identity Crisis in Class Action Debate?
Posted in Class Action Legislation, Class Action News, International Class Action Law, class action reform, tagged class action reform, european class action, International Class Action Law, opt out collective action, uk class actions, UK collective action on August 31, 2009 | Leave a Comment »
Anyone interested in curious in an outsider’s critique of the U.S. class action system should be following the debate over the adoption of an opt-out collective action scheme in the U.K. Opponents of opt-out collective actions point to the “looniness” of the American system as a reason why not to adopt a similar scheme. Proponents [...]
If You Can’t Beat ‘em, Join ‘em
Posted in Class Action Humor, Class Action News, class action reform, tagged class action reform, parking ticket class action, tort reform on August 18, 2009 | Leave a Comment »
Trial lawyers everywhere are saying a collective “I told you so” to a tort reformer who has filed a would-be class action against the City of Sacramento for its practices in towing cars parked in no-parking zones. For more details on the story, see this entry in the Los Angeles Times’ L.A. Now Blog. The plaintiff, Fred Heistand, is [...]
Legislator Says Interlocutory Appeals of Class Certification Orders Key to California Economic Recovery
Posted in Class Action News, class action reform, tagged california class action law, class action appeal, class action reform, interlocutory appeal on February 18, 2009 | 1 Comment »
According to the Daily Pilot and the California Chronicle, a California lawmaker has introduced a bill, AB 298, to allow defendants to file interlocutory appeals of class certification decisions. The bill’s sponsor, Assemblyman Van Tran, has authored a guest blog post on The California Civil Justice Blog explaining the objectives behind the bill, which include helping [...]
Word of Advice for European Class Action Reformers?
Posted in Class Action Trends, International Class Action Law, class action reform, tagged class action reform, european class action, european class action reform, International Class Action Law on February 4, 2009 | Leave a Comment »
Laptop Legal‘s “Class Action Thought for the Day” looks to West’s “Headnote of the Day” as food for thought for those considering the expansion of class actions in Europe and the former Soviet Union: Purpose of a class action is to simplify the resolution of complex litigation, not complicate it. Ah, if only West headnotes [...]
2008 Recap of Class Action Decisions and Trends, America Votes
Posted in Class Action Decisions, Class Action Trends, tagged Class Action Decisions, class action reform, class action scandal, Class Action Trends, class certification, FACTA, foreign cubed, International Class Action Law, pollution class action, RICO Class Action, rule 23, scheme liability, securities fraud, tila, wage and hour class action on December 30, 2008 | 4 Comments »
As the new year approaches, everyone seems to be doing a “top ten” list for 2008, so of course, ClassActionBlawg has to have one too. However, this “top ten” list has two improvements. First, the rankings will be decided by reader vote. Second, and even better, it goes to 11! So, here are some key class action [...]
Where Not to Get Sued
Posted in Class Action Trends, Reports and Surveys, class action reform, tagged class action reform, judicial hellhole, tort reform on December 17, 2008 | 1 Comment »
Legal Blog Watch has a new post from Robert J. Ambrogi up today summarizing the latest edition of the American Tort Reform Association‘s annual “Judicial Hellholes” rankings for 2008-09 (see the link on the executive summary page for the full report). Class action lawyers won’t be too surprised by the “honorees” on this year’s list. One [...]
Consumers Don’t Benefit from UK Collective Actions. So How Exactly Does that Make them Different from US Class Actions?
Posted in Class Action News, Class Action Trends, Commentary, International Class Action Law, tagged antitrust, antitrust conference, class action reform, collective action, International Class Action Law, jjb sports, opt in, opt out, UK class action, UK collective action on December 1, 2008 | 2 Comments »
UK legal publication The Lawyer has an interesting article out today for anyone tracking trends in class and collective action reform across the pond. According to the article, Which?, a consumer organization granted the right to pursue collective redress on behalf of consumers harmed by conduct declared to have violated antitrust laws, isn’t convinced that it would [...]
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Long Live the Reversionary, “Claims-Made” Settlement
Posted in Class Action Settlements, Commentary, tagged claims made settlement, class action reform, class action settlement, cy pres, reversion, reversionary settlement on February 23, 2010 | Leave a Comment »
The other day, a colleague tipped me off to a December 2009 blog posting by Oakland, California employment and civil rights attorney Bryan Schwartz entitled Death to the Reversionary, “Claims-Made” Settlement, a thoughtful, well-written article with which I completely disagree and to which I felt compelled to respond. Schwartz is critical of what he alternatively calls [...]
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