In preparing for our webinar on the use of statistics in class actions tomorrow, I discovered that the California Supreme Court has granted review in Duran v. U.S. Bank, a case that could have major implications for the future of statistical sampling as common proof in class actions. See my April 6, 2012 post titled Trial [...]
Posts Tagged ‘class certification’
California Supreme Court to Weigh in on Statistical Sampling in Class Actions
Posted in Class Action Decisions, Class Action Trends, tagged brinker, california supreme court, class action, class certification, duran, inference, regression, sampling, statistical evidence, statistics, statistics in class actions, trial by formula, wage and hour on May 22, 2012 | Leave a Comment »
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 »
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, [...]
Obtaining Early Resolution on the Merits in a Class Action May Be a Pyrrhic Victory
Posted in Practice Tips, tagged 12(b)(6), class action, class certification, decertification, demurrer, dispositive motion, judgment on the pleadings, matter of law, motion to dismiss, practice tip, summary judgment on April 15, 2012 | 1 Comment »
Conventional wisdom says that a defendant should move to dismiss a class action complaint if there are grounds to do so. Motions to dismiss have many potential strategic benefits beyond the mere possibility of an early victory, including allowing the defendant to avoid expensive discovery pending resolution of key threshold legal issues, providing an early opportunity to [...]
Can’t Get Enough of Statistics in Class Actions? This Webinar Is for You!
Posted in Class Action Trends, CLE Programs, tagged class certification, cle, CLE program, daubert, dukes, expert witness, statistics, strafford, wal-mart on April 11, 2012 | Leave a Comment »
I’m not sure that WordPress site statististics would be admissible in a class action as proof of readers’ interest, but the recent CAB site stats do appear to show some level of interest in the topic of statistics in class actions. So, readers may be interested in an upcoming Strafford Publications webinar in which I will be participating on May 23, [...]
Think Dukes Was the End of the Employment Discrimination Class Action? Think Again.
Posted in Class Action Trends, Employment Class Actions, Federal Court Decisions, tagged 23(b)(2), 23(c)(4), class action, class certification, class treatment, disparate impact, dukes, employment discrimination, frcp 23, issue certification, mcreynolds, merrill lynch, posner, rule 23, seventh circuit, Supreme Court, wal-mart on February 29, 2012 | 2 Comments »
Last Friday, the Seventh Circuit Court of Appeals issued a significant employment class action decision that may challenge conventional wisdom about the impact of the Supreme Court’s 2011 decision in Wal-Mart Stores, Inc. v. Dukes. The opinion, authored by respected Judge Richard Posner, is McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. [...]
Dukes, Medical Monitoring, and the Distinction Between Equitable and Injunctive Relief
Posted in Articles, Class Action Trends, Practice Tips, rule 23, Supreme Court Decisions, tagged 23(b)(2), class certification, commonality, daubert, dukes, equitable, expert, injunctive relief, medical monitoring, rule 23, scotus, Supreme Court, wal-mart on January 30, 2012 | Leave a Comment »
I’m embarrassingly late in posting a link to a terrific article from Steptoe & Johnson Partner Jennifer Quinn-Barabanov entitled Has Dukes Killed Medical Monitoring? The article, published in the November 2011 Issue of DRI’s For the Defense Magazine, explores the potential impact of the Supreme Court’s decision Dukes in defending against class certification of product liability [...]
Don’t Miss Tuesday’s Strafford CLE Webinar on Class Action Objectors
Posted in CLE Programs, tagged class action objector, class action settlement, class certification, final approval, government objector, greenmail, professional objector, public interest objector, rule 23 on January 6, 2012 | 1 Comment »
It’s not too late to sign up for next Tuesday’s Strafford CLE Webinar entitled Class Action Settlement Objectors, Minimizing and Defending Challenges by Professional Objectors, Government Officials and Public Interest Groups. Here is a link to the registration page for the webinar, and see the synopsis below. New Jersey Appellate Law Blog‘s Bruce Greenberg and I will be the [...]
Colorado Supreme Court Issues Four Decisions Addressing Class Action Issues
Posted in Class Action Decisions, Class Action News, Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, tagged asbestos, bp america, burden of proof, causation, class cert, class certification, class-wide proof, colorado supreme court, common evidence, common proof, crcp 23, garcia, jackson, medved, patterson, preponderance, reliance, reyher, rigorous analysis, rule 23, state farm, unocal on October 31, 2011 | Leave a Comment »
The Colorado Supreme Court’s highly anticipated rulings in four class actions were announced earlier today. Here are links to the opinions. I’ll have more commentary on the four decisions soon: No. 09SC668 – Jackson v. Unocal Corp. – Judgment Reversed (class certification upheld) - Addresses the burden of proof on class certification. No. 09SC1080 – Garcia v. [...]
Baker Hostetler Employment Class Action Newsletter Highlights Key Class Action Developments
Posted in Class Action Decisions, Class Action Trends, Other class action blogs, tagged arbitration, AT&T Mobility, Baker Hostetler, class action, class action waiver, class arbitration, class arbitration waiver, class certification, concepcion, daubert, dukes, expert testimony, FAA, wal-mart on October 5, 2011 | Leave a Comment »
Today’s edition of the Baker Hostetler Employment Class Actions Newsletter has two great articles worth noting. My colleague here in Denver, Holli Hartman, authored an article summarizing developments in challenges to class arbitration waivers following the Court’s decision in AT&T Mobility LLC v. Concepcion. Cleveland Partner Greg Mersol and Summer Associate George Skupski contributed an entry examining the application [...]
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Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado
Posted in Class Action Decisions, Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, Commentary, tagged bp america, class action, class certification, colorado, colorado supreme court, conditional certification, crcp 23, decertification, dukes, frcp 23, garcia, jackson, medved, patterson, reyher, rigorous analysis, rule 23, state farm, unocal, wal-mart on November 2, 2011 | 1 Comment »
Ever since the U.S. Supreme Court issued its decisions in Smith v. Bayer and Wal-Mart Stores, Inc. v. Dukes, I have wondered aloud whether we would start to see a significant divergence between the standards applicable to class certification in the state and federal courts. (See the Parting Thoughts Section of this August 31 SCOTUSBlog Post). My home state [...]
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