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 [...]
Posts Tagged ‘daubert’
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 »
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 [...]
Don’t Forget to Sign Up for Our Webinar on Statistics in Class Actions, this Thursday at 1:00 PM EDT
Posted in Class Action Trends, CLE Programs, tagged class actions, daubert, dukes, expert testimony, regression analysis, statistical, statistics, wal-mart on October 3, 2011 | Leave a Comment »
It’s not too late to sign up for this Thursday’s Strafford Publications Webinar, entitled Statistics in Class Action Litigation: Admissibility and the Impact of Wal-Mart v. Dukes. Click the link on the title of the program for more information and to sign up. For anyone looking for sneak preview, here are the program materials, which [...]
Don’t Miss the Upcoming Strafford CLE Webinar on Statistics in Class Actions
Posted in CLE Programs, tagged class actions, class certification, daubert, descriptive statistics, dukes, expert testimony, expert witness, inferential statistics, regression analysis, shreck, statistical evidence, statistician, statistics, wal-mart on September 14, 2011 | Leave a Comment »
I’m very excited to be speaking at an upcoming Strafford Publications CLE webinar entitled: Statistics in Class Action Litigation: Admissibility and the Impact of Wal-Mart v. Dukes. The program is scheduled for Thursday, October 6, at 1:00pm-2:30pm EDT. This is a beefed up version of a presentation that Justin Hopson and I did for the Colorado Bar Association class actions [...]
Don’t Miss Next Week’s CBA-CLE Legal Connection Program, Wal-Mart v. Dukes: Reshaping Class Certification
Posted in CLE Programs, tagged 23(b)(2), class certification, classwide proof, cle, common proof, commonality, continuing legal education, daubert, disparate impact, dukes, employment class action, expert testimony, rigorous analysis, scotus, statistical evidence, Supreme Court, wal-mart on July 5, 2011 | Leave a Comment »
Along with leading Colorado Employment attorney Todd J. McNamara, I’ll be presenting at a breakfast seminar at the CBA-CLE next Tuesday with the (hopefully) self-explanatory title: Wal-Mart v. Dukes: Reshaping Class Certification. The particulars follow below. Hope to see you there! When: July 12, 2011 8:30 AM – 9:30 AM Where: CLECI Large Classroom 1900 Grant Street, Suite 300 [...]
Colorado Supreme Court to Hear Oral Argument in Four Class Action Cases
Posted in Class Action News, Colorado Civil Procedure, Colorado Class Action News, tagged c.r.c.p. 23, class certification, class certification standard, colorado class action, colorado rules of civil procedure, colorado supreme court, common proof, crcp 23, daubert, fraud on the market, presume reliance, presumed reliance, presumption of reliance, rigorous analysis, schrek on February 28, 2011 | Leave a Comment »
Matt Masich of Law Week Colorado has a good article out today previewing oral arguments scheduled for tomorrow in four class-action related cases. The outcome of these cases could have a dramatic effect on class action practice in the state. The issues to be considered include the proper standard for reviewing class certification, the burden of proof on class certificeation, the [...]
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 | 1 Comment »
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 [...]
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Thoughts on Wal-Mart Stores, Inc. v. Dukes
Posted in Class Action Decisions, Commentary, Employment Class Actions, Federal Civil Procedure, Supreme Court Decisions, tagged adverse impact, class certification, daubert, dukes, employment class action, expert witness, ginsburg, rigorous analysis, rule 23, scalia, statistical evidence, statistical proof, Supreme Court, wal-mart on June 20, 2011 | 5 Comments »
Many commentators correctly that the decision in Wal-Mart Stores, Inc. v. Dukes would be favorable to business interests. However, unlike the Court’s earlier decision in AT&T Mobility v. Concepcion, the decision does not necessarily threaten to sound a death knell for class actions or even a particular category of class actions. Instead, the decision merely clarifies the standards on which future class actions are to [...]
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