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Posts Tagged ‘ERISA Class Action’

This is the third of what will be six posts summarizing my notes of the six presentations at the ABA’s 16th Annual Class Actions Institute held last month in Chicago.  For more on this excellent conference, see my October 31 and November 5 CAB posts.

Session 3 examined the conceptual issues and practical challenges that litigants and courts face in cases seeking certification under the different subparts of Rule 23(b), a question that took on increased importance following the Supreme Court’s Decision in Wal-Mart Stores, Inc. v. Dukes.   The panel presentation was titled “Don’t Blame Mrs. O’Leary’s Cow!” Rule 23(b)(3) Classes Under Fire and Rule 23(b)(2)’s Emerging Importance.  Jeffrey A. Leon moderated the panel, which consisted of Robert J. Axelrod, E.K. Cottrell, Professor Francis McGovern, and David S. Stellings.  

Unfortunately, due to a computer crash, I lost some of my notes from this presentation, but I have summarized some of the highlights below:

  • The courts are facing an ever-increasing tension between principle and pragmatism in deciding whether to certify class actions and under what procedure they should be certified.
  • Despite significant hurdles to class certification that have been imposed by the Supreme Court and other federal courts in recent years, the plaintiffs’ bar has a creative “gene” that keeps them pushing the envelope and experimenting on new methods of seeking aggregate redress.  This can be seen in many of the decisions in the lower courts over the past year, and is likely to continue into the future.
  • In the near future, we are likely to see mixed results, as some courts become more restrictive in granting class certification, while others are more receptive to creative ways of certifying classes.
  • Discovery and resolution of substantive issues and Daubert challenges are likely to come at an earlier stage in the process, regardless of the procedural vehicle under which certification is sought.
  • There is likely to be much more of a mixture of the subsections of Rule 23 used to certify classes, including combinations of classes in the same trial.
  • ERISA class actions are an area where the Rule 23(b)(2) class actions for monetary relief remain viable after Dukes.  Pennsylvania Chiropractic Ass’n v. Blue Cross Blue Shield Ass’n, No. 09 C 5619 (N.D. Ill. Dec. 28, 2011) provides a textbook list of reasons why courts may continue to refuse to certify ERISA claims for monetary relief after Dukes under Rules 23(b)(1), (2) and (3). 
  • But the Supreme Court’s decision in Cigna Corp. v. Amara, No. 09-804 (S. Ct. May 16, 2011) may have breathed new life into the argument that monetary relief may be available to plan members as part of the equitable relief that courts can provide, especially when a trustee is involved.  Among the equitable remedies  that may be available in a particular case is the “surcharge remedy”, which allows plan members to recover money as an equitable remedy for a trustee’s breach of fiduciary duty.  Amara may pave the way to arguments by plaintiffs that claims against a trustee for payment may be characterized as injunctions, for which certification under Rule 23(b)(2) may be appropriate notwithstanding the Supreme Court’s ruling in Dukes.   However, in February, the Second Circuit rejected the argument that claims for disgorgement made on behalf of a putative class of trustees of thousands of ERISA plans, holding that the necessity to determine how to divide any disgorged amount among the plaintiffs meant that the monetary relief was not “incidental” to any equitable relief as required under Dukes.  Nationwide Life Ins. Co. v. Haddock, 10-4237-cv, 2012 WL 360633 (2d Cir. Feb. 6, 2012).

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It’s not too late to register for Economic Crisis Litigation Update CLE, to be held at the Colorado Bar Association offices in Denver.  Here are the details. 

 

There are 5 easy ways to register. Download the registration form at

1. FAX the form to the Colorado Bar Association CLE offices at (303) 860-0624

2. MAIL the form to CBA-CLE at 1900 Grant Street, Suite 300, Denver, CO 80203

3. CALL us! (303) 860-0608, or toll-free (888) 860-2531

4. REGISTER ONLINE at:

5. OR REGISTER FOR THE LIVE WEBCAST AT:

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CAN’T ATTEND THE PROGRAM? ORDER YOUR HOMESTUDY ONLINE TODAY!

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We look forward to providing you with the best information and service available,

to meet all of your continuing legal education needs. Please contact us at cle@cobar.org

if you do not wish to receive e-mail correspondence regarding CBA-CLE seminars.

Our mailing address is 1900 Grant Street, Suite 300, Denver, CO 80203

http://www.cobar.org/cle/datadetail.cfm?ProductID=LI072410Dhttp://www.cobar.org/calendar/eventdetail.cfm?EventID=LI072410Whttp://www.cobar.org/cle/photos/eventpdfs/LI072410L.pdf and:http://www.cobar.org/calendar/eventdetail.cfm?EventID=LI072410Lhttp://www.cobar.org/calendar/eventdetail.cfm?EventID=LI072410Lhttp://www.cobar.org/calendar/eventdetail.cfm?EventID=LI072410L Denver, Colorado Springs and Grand Junction

 

ECONOMIC CRISIS LITIGATION UPDATE: Subprime Mortgages, Shareholder Suits, ERISA, Class Actions and More!

Co-sponsored by the Securities Law and Class Actions Subsections of the CBA Litigation Section

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LIVE PROGRAM: July 24, 2009

At the CBA-CLE Classroom, 1900 Grant Street, Suite 300, Denver, CO

LIVE WEBCAST: July 24, 2009

Direct to your desktop!

VIDEO REPLAYS: August 14, 2009

 For additional information on this course or to view the program brochure go to:

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Program Highlights

What You Will Learn:

 - Subprime Securities Litigation: Important Trends and Developments in Securities Litigation and Derivative Suits

- ERISA Class Actions

- Consumer Class Actions and Other Hot Litigation Issues Driven by the Economic Crisis

Who Should Attend:

- Litigators

- Securities Law Attorneys

- Business Law Attorneys

- Industry Professionals

- Anyone Who Needs Up-to-date, Expert Guidance on the Hottest Litigation Issues Spawned by the Economic Downturn! 

Program Description

Litigators! Securities lawyers! Business lawyers! Here is the program you have been waiting for!

Since the economic crisis began gripping our country, there has been much discussion in the media about the litigation that is resulting from the economic downturn. But how do you separate the spin and hyperbole from the real information you and your clients need? What are the issues that are really driving the litigation that is resulting from the stock and real estate market crashes? What are the holdings in recently decided cases such as Stoneridge and In re IPO Securities Litigation and what do these holdings mean for you and your clients. 

Attend this timely, practical program and find out!

The program’s experienced instructors hail from both the plaintiff and defense bars, giving you balanced, valuable insight to guide you in this emerging area of the law. From real world guidance on how to prove (or defend against) causation in securities cases, to ERISA issues that can start (or end) a lawsuit, to the real scoop on the facts that can sustain (or not sustain) a mortgage fraud lawsuit, you will get valuable knowledge, tips, and skills you can put to use right away in your practice.

Whether you are plaintiff’s counsel or defense counsel, you need to be able to evaluate the merits of a case that stems from the fallout from the economic meltdown. Is it a real case, with facts that can prove meritorious or not? Find out from the attorneys who are on the cutting edge in this hot area of law…

Register for this timely, practical program today!

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Agenda

8:30 AM – 9:00 AM

Registration

9:00 AM – 9:05 AM – Welcome and Introduction

Extended by Paul Karlsgodt, Esq., Program Chair

9:05 AM – 10:05 AM - Subprime Securities Litigation

Learn about the trends in securities class actions and derivative suits that arise from subprime investments! Topics include:

- The impact of Stoneridge, In re IPO Securities Litigation, and other developments in securities class actions

- Trends in securities class action verdicts, judgments, and settlements

- Practical considerations in securities litigation given the economic crisis (e.g., the difficulty in proving causation given the general economic downturn)

Presented by Jeffrey W. Lawrence, Esq., Holly Stein Sollod, Esq. and Cliff Stricklin, Esq.

10:10 AM – 10:40 AM – ERISA Class Actions Relating to Subprime Asset Investments by Retirement Plans (Part 1 of 2)

 After Stoneridge, is ERISA litigation overtaking securities litigation as the vehicle of choice for seeking redress of alleged losses caused by subprime investments? Learn the answers to these important questions:

- What makes ERISA litigation a desirable alternative to a securities claim?

- What are the trends in ERISA litigation?

- What do I need to know about the LaRue decision and what is its impact on ERISA litigation so far?

Presented by Dirk W. de Roos, Esq. and Todd J. McNamara, Esq.

10:40 AM – 10:50 AM – Break (10 minutes) 

10:50 AM – 11:20 AM – ERISA Class Actions Relating to Subprime Asset Investments by Retirement Plans (Part 2 of 2)

11:25 AM – 12:25 PM- Developments in Consumer Class Actions and Other Subprime-related Litigation

Is the economic crisis really causing the flood of consumer class action litigation that some predicted? Find out about:

 - Class actions and individual claims under the Truth In Lending Act (TILA)

- Consumer class actions and other claims for mortgage fraud and related litigation

- What is the impact of the poor economy on class action litigation?

Presented by Lila M. Bateman, Esq. and Frances Johnson, Esq.

12:25 PM – Adjourn

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Faculty

Paul Karlsgodt, Esq., Program Chair

Baker & Hostetler, LLP

Denver, CO

 

Lila M. Bateman, Esq.

Morrison & Foerster, LLP

Denver, CO

 

Frances Johnson, Esq.

The Carey Law Firm

Colorado Springs, CO

 

Dirk W. de Roos, Esq.

Faegre & Benson, LLP

Denver, CO

 

Jeffrey W. Lawrence, Esq.

Coughlin Stoia Geller Rudman & Robbins, LLP

San Francisco, CA

 

Todd J. McNamara, Esq.

McNamara, Roseman, Martínez & Kazmierski, LLP

Denver, CO

 

Holly Stein Sollod, Esq.

Holland & Hart, LLP

Denver, CO

 

Cliff Stricklin, Esq.

Holland & Hart, LLP

Denver, CO

 

——————————————————————————–

CREDITS:

Submitted for 4 General CLE Credits

——————————————————————————–

TUITION:

- Non-member $199.00

- CBA Member $179.00

- Litigation Section $149.00

- Business Law Section $149.00

- New Lawyer (2 yrs) $129.00

- YLD Member $129

- Legal Support Staff $129.00

——————————————————————————–

REGISTRATION:

For course details or to register online, go to:

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Karen Sloan authored this January 21 article in The National Law Journal (available at Law.com) summarizing a recent report by Chicago employment defense firm Seyfarth Shaw summarizing trends in employment-related class and collective actions in 2008. 

The NLJ article’s summary offers the not-so-surprising conclusion that the poor economy is helping to fuel a surge in class and collective actions filed under both state and federal labor and anti-discrimination laws as well as ERISA. 

The report, which is available only upon request to the firm’s clients and other employers, is apparently 655 pages long and analyzes 650 decisions.  A preview of the report is available at the firm’s website, along with a link to an introductory section of the report.   The introduction offers a summary of trends, including the insight that workplace class actions are becoming increasingly more complex, as claims under multiple state and federal employment and labor laws with differing procedural requirements are being combined in the same case.

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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 settlement.  I have delegated the selection to my dog, Monty, whose vote was to be recorded based on whether he wagged his tail in response to my uttering each of the three candidates.  For anyone who questions the fairness of this process, you should have thought about that when you decided not to vote.  Plus, you should know that Monty got third place one year in the NCAA basketball tournament office pool.  In truth, Monty wasn’t enthralled by any of the choices.  But he did raise an eyebrow and sniff in response to one, while simply maintaining a blank stare in response to the other two.  So, class actions seeking liability for failing to participate in other class action shall forever be called…

“Malkovich”

Congrats to Professor Peter J. Henning of White Collar Crime Prof Blog on his victory.  I’m sure he’ll be thrilled by his victory if he ever discovers that he even entered (in an entry from 2005).

Without further ado (and a few days later than usual), here are some blog entries from the week that was that might be of interest to class action practitioners…

Class Action Decisions

Feminist Law Professors discusses a California state court’s decision to grant class certification in a sexual orientation discrimination case filed against an online dating site for refusing to match gay and lesbian patrons:

http://feministlawprofs.law.sc.edu/?p=4364

Class Action Defense Blog reviews a Third Circuit Court of Appeals opinion reversing, on predominance and superiority grounds, a class certification order in a case filed by automobile dealers against a manufacturer:

http://classactiondefense.jmbm.com/2008/11/class_action_defense_casesdanv_1.html

Classified provides a synopsis of a decision by a Florida federal court addressing proof necessary to establish jurisdiction under the $5 million amount in controversy requirement in a case removed under the Class Action Fairness Act (CAFA) when the plaintiffs’ class definition was imprecise:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=243

Drug and Device Law comments on a Tennessee Supreme Court decision from earlier this year holding that claims under the state’s consumer protection law could not be brought as class actions:

http://druganddevicelaw.blogspot.com/2008/11/tennessee-rejects-consumer-fraud-class.html

Class Action Trends

Point of Law comments on a well-known personal injury firm switching its emphasis from asbestos cases to ERISA class actions involving fees charged in connection with 401K plans:

http://www.pointoflaw.com/archives/2008/11/asbestos-today.php

The WSJ Law Blog discusses a request for attorneys fees in a class action settlement for work done by temporary lawyers:

http://blogs.wsj.com/law/2008/11/24/in-xerox-class-action-fees-for-temp-lawyers-take-center-stage/

Class Action News

North Carolina Business Litigation Report offers the latest developments relating to a class action brought to enjoin a high profile bank merger:

http://www.ncbusinesslitigationreport.com/2008/11/articles/class-actions/north-carolinas-attorney-general-and-state-treasurer-duke-it-out/

Securities Docket discusses the resolution of a battle between several large institutional investors for appointment as “lead plaintiff” in a securities class action against a mortgage lender:

http://www.securitiesdocket.com/2008/11/26/political-shoving-match-in-north-carolina-rebuts-lead-plaintiff-presumption-in-freddie-mac-case/

The Tampa Bay Tribune reports on a putative class action filed in Florida on behalf of voters challenging Florida’s decision to move up its primaries despite objections from both major parties:

http://www2.tbo.com/content/2008/nov/26/class-action-status-sought-suit-over-florida-prima/news-politics/

The UCL Practitioner summarizes the issues accepted for review by the California Supreme Court in a case implicating whether payment of alleged overcharges can constitute injury sufficient to support an action under the Unfair Competition Law (UCL) when those overcharges are passed on to third parties:

http://www.uclpractitioner.com/2008/11/statement-of-issues-on-review-in-clayworth-v-pfizer-inc.html

AMLAC & Fraud links to a CNN article reporting on the indictment of six people charged in connection with an alleged conspiracy to make fraudulent claims in class action settlements (see ClassActionBlawg entry about the story here):

http://amlac1.blogspot.com/2008/11/federal-government-charges-6-in-40.html

Class Action Commentary

Sergie Lemberg of LemonJustice.com offers a guest commentary on The Complex Litigator addressing the loser pays rule common in jurisdictions outside the Europe and opining that the rule hurts consumers:

http://www.thecomplexlitigator.com/2008/11/guest-blogger-sergei-lemberg-from-lemonjusticecom-on-the-loser-pays-system-and-why-it-hurts-consumer.html

The Race to the Bottom comments on trends in “foreign cubed” securities fraud class actions.  (See recent ClassActionBlawg commentary on the subject here):

http://www.theracetothebottom.org/home/no-bright-line-test-for-foreign-cubed-securities-fraud-actio.html

Class Action Reports

Tom Willging of the Federal Judicial Center (FJC) comments on Consumer Law & Protection Blog regarding the FJC’s recent report on trends in class action filings following the Class Action Fairness Act (CAFA):

http://pubcit.typepad.com/clpblog/2008/11/new-federal-judicial-center-study-on-the-class-action-fairness-action-one-of-the-authors-speaks.html

International Class Action Law

Shareholders Foundation discusses proposed European collective action procedures and how they might compare to the U.S. class action model:

http://shareholdersfoundation.com/?p=4647

Jurist reports on the Sixth Circuit’s decision affirming an order granting in part and denying in part a motion for summary judgment in a class action against the Vatican arising out of alleged clergy abuse by the Catholic Church:

http://jurist.law.pitt.edu/paperchase/2008/11/sixth-circuit-allows-class-action.php

With Vigour and Zeal offers notes on a variety of issues touching on international and transnational class and collective action litigation:

http://kranenburgesq.com/blog/2008/11/wrapping-it-up-26-november-2008/

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Here are some blog posts from the (2) weeks that were that might be of interest to class action practitioners:

Responses to the October 29 CABWR “Lay Down the Gauntlet” Challenge of the Week

Many thanks to Walter Olson at Point of Law for posting a link to the “Lay Down the Gauntlet” Challenge of the Week from the last CABWR, but alas, my question was either too uninformed to justify a response or so brilliant that everyone was stumped.  Or maybe Walter Olson is my only reader.  I guess if you only had one reader, he wouldn’t be a bad choice.  Oh well…

http://www.pointoflaw.com/archives/2008/11/meal-and-rest-b.php

Class Action Decisions

The UCL Practitioner provides a thorough analysis of the Seventh Circuit Court of Appeals decision in Thorogood v. Sears, Roebuck & Co., ___ F.3d ___ (7th Cir. Oct. 28, 2008) addressing aggregate class proof, in which Judge Posner quipped: “At argument the plaintiff’s lawyer, skeptical that men ever operate clothes dryers—oddly, since his client does—asked us to ask our wives whether they are concerned about rust stains in their dryers. None is.”

http://www.uclpractitioner.com/2008/11/new-seventh-circuit-class-certification-decision-thorogood-v-sears-roebuck-co.html

FiercePharma and Pharmalot discuss a Florida federal court’s decision dismissing a RICO case filed against a drug manufacturer for alleged fraud in its marketing practices about the safety and effectiveness of its product, a decision that appears to conflict with Judge Weinstein’s recent Zyprexa decision (discussed at the recent National Institute on Class Actions):

http://www.fiercepharma.com/story/judge-throws-out-rico-class-action/2008-11-11?utm_medium=rss&utm_source=rss&cmp-id=OTC-RSS-FP0 

http://www.pharmalot.com/2008/11/judge-tosses-rico-lawsuit-against-astrazeneca/

Consumer Law & Policy Blog comments on a New York state appellate court decision holding that incentive awards may not be given to named plaintiffs in class action settlements:

http://pubcit.typepad.com/clpblog/2008/11/new-york-appell.html

Wild Wild Law discusses a Nevada court’s decision to deny class certification in a case involving allegations that an endoscopy clinic’s use of needles contaminated with Hepatitis C and its subsequent notification to patients who may have been exposed, caused severe emotional distress.  (See ClassActionBlawg entry on the case here):

http://wildwildlaw.blogspot.com/2008/11/class-action-denied.html

Florida ADR Law.com provides a synopsis of a Florida federal court’s decision to uphold a class arbitration waiver provision in a consumer mobile phone service contract:

http://floridaarbitrationlaw.com/blogs/index.php?blog=5&title=atat_wireless_iphone_arbitration_class_a&more=1&c=1&tb=1&pb=1

First Mediation summarizes a California Court of Appeal decision overturning the approval of a class action settlement in part because the court had not inquired about data underlying settlement communications made during a mediation:

http://www.firstmediation.com/blog/?p=335

The Am Law Daily provides an update on a high-stakes antitrust class action against railroad operators:

http://amlawdaily.typepad.com/amlawdaily/2008/11/the-am-law-li-6.html

ZoneBlitz provides commentary and reaction to the jury’s verdict in favor of former NFL players in a class action against the NFLPA.  (See ClassActionBlawg entry here):

http://www.zoneblitz.com/2008/11/10/jury-awards-former-football-stars-281-million/

Spamnotes reacts to a Second Circuit Court of Appeals decision rejecting class certification under the Telephone Consumer Protection Act (TCPA):

http://spamnotes.com/2008/11/08/second-circuit–no-tcpa-class-action-in-ny.aspx

Drug and Device Law Blog provides a synopsis of a Massachussets federal court’s decision to limit the amount of a fee award in a class action settlement to the actual benefits claimed as opposed to the theoretical benefits obtained for class members:

http://druganddevicelaw.blogspot.com/2008/11/class-action-settlement-rant-tjx.html

The Complex Litigator discusses a rare appellate decision siding with an objector to a class action settlement:

http://www.thecomplexlitigator.com/2008/11/in-kullar-v-foot-locker-retail-inc-court-of-appeal-sides-with-objector-to-class-action-settlement.html

As always when I miss a week of CABWR, CAFA Law Blog has numerous great summaries on recent CAFA decisions, so I’ll just direct you to the main page.  Ditto for Class Action Defense Blog and its numerous case summaries on various class action-related topics:

Class Action Trends

The D&O Diary summarizes a recent NERA Economic Consulting report on trends in SEC settlements an their values following the passage of Sarbanes Oxley…

http://www.dandodiary.com/2008/11/articles/securities-litigation/nera-study-details-postsox-sec-settlements/

… and comments on future of the plaintiffs’ securities bar in light of recent scandals involving high profile lawyers:

http://www.dandodiary.com/2008/11/articles/plaintiffs-bar/the-future-of-the-plaintiffs-securities-bar/

Boston ERISA and Insurance Litigation Blog discusses a trend away from securities class actions and toward ERISA breach of fiduciary duty class actions:

http://www.bostonerisalaw.com/archives/401k-plans-you-say-securities-law-i-say-erisa.html

CAFA Law Blog offers some astute but unfortunately unconfirmed quotations on developments on the Class Action Fairness Act of 2005 from former VP candidate Sarah Palin in summarizing papers presented at a 2007 Penn Law Review symposium on CAFA:

http://www.cafalawblog.com/-resources-does-palin-know-cafa-you-betcha-thanks-to-the-2007-university-of-pennsylvania-law-review-symposium-and-accompanying-articles.html

Jim Hamilton’s World of Securities Regulation discusses the difficulties of bringing a securities fraud class action in the Fifth Circuit in light of its recent decisions on loss causation:

http://jimhamiltonblog.blogspot.com/2008/11/lost-causes-fraud-pleading-in-5th.html

The Race to the Bottom offers a multi-part analysis of trends in lower court cases addressing the Private Litigation Securities Reform Act of 1996 (PRLSA) since the U.S. Supreme Court’s 2007 decision in Tellabs, Inc. v. Makor Issues & Rights:

http://www.theracetothebottom.org/home/the-tellabs-excuse-a-recappart-1.html

http://www.theracetothebottom.org/home/the-tellabs-excuse-a-recappart-2.html

http://www.theracetothebottom.org/home/2008/11/12/the-tellabs-excuse-a-recappart-3.html

Class Action Commentary

Peter Brantley’s thoughts and speculations include a commentary on the impact of a proposed class action settlement in “arguably assisting in the creation of a monopoly”:

http://blogs.lib.berkeley.edu/shimenawa.php/2008/11/06/class-action-monopoly

Wage Law provides an analysis of the propriety of a defendant filing a preemptive motion to reject class certification before any class is certified:

http://www.californiawagelaw.com/wage_law/2008/11/motions-to-pre-de-certify.html

The Legal Infrastructure of Business discusses entertaining comments made in exclusion (opt-out) requests filed by would-be members of an Iowa consumer class:

http://picker.typepad.com/legal_infrastructure_of_b/2008/11/dont-count-me-i.html

Portfolio.com opines on the possible impact to New York City Mayor Bloomberg’s re-election bid of a discrimination class action filed by pregnant workers against the company that bears his name:

http://www.portfolio.com/executives/features/2008/11/11/Gender-Discrimination-at-Bloomberg

North Carolina Business Litigation Report comments on public comments by the N.C. state treasurer and other prominent people and how those comments reflect public sentiment regarding a proposed bank merger that a pending shareholder class action seeks to enjoin:

http://www.ncbusinesslitigationreport.com/2008/11/articles/class-actions/north-carolina-state-treasurer-says-wachoviawells-fargo-merger-is-highway-robbery/

Overlawyered discusses a multi-million dollar settlement of claims against the Mexican government for alleged unpaid benefit amounts owed to workers who came to the U.S. during World War II as part of a guest worker program:

http://overlawyered.com/2008/11/wwii-era-mexican-braceros-settlement/

WiredMag comments that class actions “that seem funny aren’t always a laughing matter” to those involved, including one in which a plaintiff claims to have been tricked into paying premium fees for an Internet networking service based on representations that his classmates were looking for him…

http://wiredmag.livejournal.com/3526145.html

… more on the same case fromVibe …

http://www.vibetechmag.com/?p=2809

… and In other non-humorous Class Action News

Reacting to a class action filing that was tailor-made for the blogosphere, The ConsumeristSheFinds, Consumer Reports Blog, Jamerican Muslimah: Talking it Plain, Blogue, Behind Blue Eyes, The Red Dress Diary, Style Crunch and Winn & Tonic (and about a zillion others) offer varying perspectives on a putative class action filed against a well-known seller of women’s intimate apparel for allegedly selling bras treated with a substance that caused skin rashes:

http://consumerist.com/5084654/class-action-lawsuit-victorias-secret-bras-causing-skin-rashes

http://www.shefinds.com/blog/index.php/weblog/comments/news_victorias_secret_causes_a_rash/#When:13:00:43Z

http://consumerreportsblog.blogspot.com/2008/11/class-action-suit-claims-damages-caused.html

http://jamericanmuslimah.wordpress.com/2008/11/12/is-your-vickis-bra-making-you-sick/

http://blogue.us/2008/11/12/we-know-victorias-secret/

http://bechindblueeyes.blogspot.com/2008/11/victorias-secretformaldehyde-bras.html

http://style.popcrunch.com/victorias-secret-is-sexy-but-it-may-be-dangerous/

http://winnandtonic.wordpress.com/2008/11/11/victoria-secrets-bras-mutilate-breasts-no-bra-look-to-return/

Pro Football Talk summarizes the claims in a would-be class action filed by an NFL player against the manufacturer of a nutritional supplement manufacturer for failing to disclose to consumers that its product included a controlled substance–a substance perhaps not coincidently was banned by the NFL, and for which several current NFL players have tested positive:

http://www.profootballtalk.com/2008/11/10/grady-jackson-files-starcaps-class-action/

International Class Action Law

This South China Morning Post editorial discussing Hong Kong’s lack of a class action procedure and suggesting that now may be the time to adopt one and change the rules prohibiting contingent fees:

http://www.scmp.com/portal/site/SCMP/menuitem.2c913216495213d5df646910cba0a0a0/?vgnextoid=1357e46f3178d110VgnVCM100000360a0a0aRCRD&vgnextfmt=teaser&ss=insight&s=opinion

See this entry in Tan Kin Lian’s Blog for a link to the full article:

http://tankinlian.blogspot.com/2008/11/scmptime-to-reconsider-class-action.html

Several months ago, I commented on a story from Finnish newspaper YLE discussing Finland’s never-once-used class action law.  Well, according to this story, the wait is over.  Apparently, the consumer ombudsman has filed a class action over problems with an electronic voting system used during recent municipal elections:

http://www.yle.fi/news/id107325.html

FP Legal Post offers tips for defendants in avoiding class action exposure in Canada through proactive internal complaint resolution:

http://network.nationalpost.com/np/blogs/legalpost/archive/2008/11/10/preventative-measures-for-class-action-defendants.aspx

大海的道味 discusses a legal battle facing two Internet companies in Argentina in a case that the author says “amounts to a class action suit against the Internet companies, although there is no such thing as a class action suit in Argentina”:

http://zhou520530qq.blogspot.com/2008/11/argentine-judge-google-yahoo-must.html

Legal Theory Blog and Mass Tort Litigation Blog provide an abstract of a scholarly article by NYU Law Professors Samuel Issacharoff and Geoffrey P. Miller entitled “Will Aggregate Litigation Come to Europe?”:

http://lsolum.typepad.com/legaltheory/2008/11/issacharoff-mil.html

http://lawprofessors.typepad.com/mass_tort_litigation/

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