I’m embarrassingly late in reporting on them, but I would be remiss if I did not mention two key recent United States Circuit Courts of Appeals decisions addressing the legal standards governing class certification under FRCP 23: In American Honda Motor Co. v. Allen, No. 09-8051 (7th Cir., April 7, 2010) the Seventh Circuit held that a district court abused [...]
Posts Tagged ‘class certification’
Recent Trends in Federal Class Certification Standards
Posted in Class Action Decisions, Class Action Trends, Federal Civil Procedure, rule 23, tagged american honda motor, class certification, class certification standard, class certification trends, daubert, dukes v. wal-mart, eisen, expert testimony, frcp 23, in re ipo, regression analysis, rigorous analysis, rule 23, statistical evidence on May 4, 2010 | Leave a Comment »
South Park Gets it Wrong
Posted in Class Action Humor, Colorado Civil Procedure, tagged bono, class certification, colorado class action law, entertainment class action, mickey mouse, oprah, south park, south park class action, streisand, tom cruise on April 20, 2010 | 2 Comments »
The 200th episode of “South Park” features a class action lawsuit by 200 celebrities led by Tom Cruise against the small fictitious Colorado town. As a Colorado resident and class action lawyer, I’m dismayed at the lack of attention to detail by the South Park writers when it comes to Colorado class action law. (Ok, I haven’t actually [...]
Class Action No Longer a Pain in the Neck for Alberta Chiropractors
Posted in Class Action Decisions, International Class Action Law, tagged alberta class action, canada class action, chiropractor class action, class certification, defendant class on January 26, 2010 | Leave a Comment »
Sorry to all my loyal readers (I use the plural form optimistically) for my absence from the Blawgosphere during the past week. During my hiatus, Ward Branch of the Vancouver, B.C. firm Branch MacMaster sent me a copy of this decision denying class certification in an Alberta case filed against a chiropractic professional association and a would-be defendant class of chiropractors. [...]
More on In re Baycol Products Litigation
Posted in Class Action Decisions, tagged anti-injunction act, baycol, class certification, collateral estoppel, federalism, preclusion, preclusive, product liability, res judicata on January 12, 2010 | Leave a Comment »
Last week, I posted a short note about the Eighth Circuit’s decision in In re Baycol Products Litigation. Here is a more in-depth synopsis, thanks to fellow Baker & Hostetler partner Joe Ezzi: The Eighth Circuit Court of Appeals recently affirmed a district court order enjoining state court plaintiffs from pursuing a class action because the district court had [...]
Eighth Circuit Upholds Federal Injunction of Putative State Court Class Action
Posted in Class Action Decisions, Federal Court Decisions, tagged anti-injunction act, class certification, collateral estoppel, federal court, federalism, preclusion, relitigation, res judicata, state court on January 7, 2010 | Leave a Comment »
A colleague tipped me off today to a recent Eighth Circuit Court of Appeals decision upholding a Minnesota federal district court’s order enjoining class certification proceedings in a West Virginia state court, following the federal court’s earlier denial of class certification in an action filed against the same defendant. Here’s a link to the slip opinion: In [...]
Notes from the 13th Annual National Institute on Class Actions (San Francisco)
Posted in CLE Programs, Class Action Trends, tagged class action notice, class action trend, class certification, national institute on class actions, nica on November 5, 2009 | Leave a Comment »
I was not able to attend the National Institute on Class Actions program in San Fransisco, but class action notice expert Dr. Shannon R. Wheatman (swheatman@gmail.com), was there and she graciously agreed to send me her notes of what sounds like another great conference. I think that Shannon’s article also marks the first guest post on ClassActionBlawg, and I am very grateful for [...]
From the Annals of Class Action Jurisprudence – 1973 – Second Circuit Decision Could “Bring an End to Mass Class-Action Lawsuits”
Posted in Commentary, legal history, tagged class action history, class certification, eisen, eisen rule, merits determination, rigorous analysis on September 22, 2009 | Leave a Comment »
While doing some research today on another issue, I came across this news clipping from the May 3, 1973 issue of the St. Petersberg Times discussing a federal court of appeals decision in a class action decided a few days before. The article begins: NEW YORK – A three-judge panel of the U.S. Court of [...]
Practice Tip: When Life Gives You Lemons, Make Lemonade
Posted in Practice Tips, tagged class certification, decertification, dispositive motion, practice tip on September 3, 2009 | 1 Comment »
Conventional wisdom says that for a defendant, class certification is to be avoided at all costs, and many defendants may assume that the best strategy for dealing with a certified class, short of settlement, is to find a way to get the class decertified. But it’s important to remember that a class action judgment has a preclusive [...]
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Paul Karlsgodt
I Object, Unless You Pay Me … One Million Dollars!
Posted in Articles, Class Action Trends, Commentary, Practice Tips, class action reform, tagged class action objection, class certification, objector blackmail, professional objector, quick-pay, settlement approval on December 14, 2009 | Leave a Comment »
Vanderbilt law professor Brian T. Fitzpatrick has published a great new research paper titled The End of Objector Blackmail? The paper discusses the problems of objectors blackmailing the parties to a class action settlement into paying them a portion of the fees at the threat of holding up final approval and resolution of the settlement. Professor Fitzpatrick [...]
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