In this era of globalization, one key issues in international class and collective actions is the recognition of foreign judgments by countries who lack the same collective or class action procedures. I was recently introduced to a lawyer and scholar, Leandro Perucchi, who published his PhD thesis on this topic. Dr. Perucchi’s book, with the German title [...]
Posts Tagged ‘foreign cubed’
Recognition and Enforcement of U.S. Class Action Judgments and Settlements in European Civil Law Countries
Posted in International Class Action Law, tagged civil law, collateral estoppel, collective action, enforceability, eu, europe, f-cubed, foreign cubed, international class action, res judicata, schweitz, suisse, swiss, swiss class action, transnational class action on February 10, 2012 | Leave a Comment »
2010 Class Action Year in Review
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), all writs act, baycol, CAFA, CAFA removal, civil rights class action, class action review, Class Action Trends, class arbitration, class arbitration waiver, discrimination class action, diversity jurisdiction, dukes, FAA, foreign cubed, morrison, nerve center, preemption, rigorous analysis, shady grove, stolt-nielsen, top ten lists, wal-mart, year in review on December 31, 2010 | 1 Comment »
As 2010 winds down, it’s time to review the key developments in class action law. It was an especially busy year for the federal courts, and in particular the U.S. Supreme Court, on issues impacting class action practice. Here, in chronological order, are 10 key developments from the year that was: January 5 – In In [...]
Supreme Court Justices Take on Foreign-Cubed Problem
Posted in Class Action News, Class Action Trends, Securities Class Actions, Supreme Court Decisions, tagged f-cubed, foreign cubed, morrison, scotus, securities class action, Supreme Court, transnational class action on March 30, 2010 | Leave a Comment »
The United States Supreme Court heard oral argument Monday in the foreign cubed securities class action Morrison v. National Australia Bank, Ltd., Case No. 08-1191. A copy of the transcript is available on the Court’s website. Professor Hannah L. Buxbaum, Executive Associate Dean for Academic Affairs at the Indiana University Maurer School of Law at Bloomington, has [...]
Vivendi Verdict Thickens Plot in Foreign-Cubed Class Action Battle
Posted in Class Action Decisions, Class Action Trends, International Class Action Law, Securities Class Actions, Uncategorized, tagged f-cubed, foreign cubed, international class action, morrison, securities class action, securities fraud, transnational class action, vivendi on February 8, 2010 | 1 Comment »
As reported by a variety of news outlets, including the New York Times and Wall Street Journal, on January 29, a federal jury found French conglomerate Vivendi liable for securities fraud, setting the stage for a potential multi-billion dollar damages award. In 2008, the United States District Court for the Southern District of New York had made headlines [...]
Cert Granted in Morrison v. National Australia Bank Ltd.
Posted in International Class Action Law, Securities Class Actions, Supreme Court Decisions, tagged foreign class action, foreign cubed, international class action, morrison, national australia bank, securities class action, transnational class action on December 1, 2009 | 2 Comments »
The United States Supreme Court has granted certiorari to review the Second Circuit’s decision in the ”foreign-cubed” securities class action Morrison v. National Australia Bank, Ltd., No. 07-0583-cv (2d Cir. 2008). The Second Circuit’s decision is discussed at some length in this October 28, 2008 CAB Entry. The Supreme Court docket number is 08-1191. The questions presented for review are [...]
International Securities Class Action Trial Begins
Posted in Class Action News, International Class Action Law, tagged class action trial, foreign cubed, International Class Action Law, securities class action, vivendi trial on October 6, 2009 | Leave a Comment »
An international securities class action trial against French media conglomerate Vivendi International started today in the U.S. District Court for the Southern District of New York. For a report on the trial’s first day, see this article by Larry Neumeister of the Associated Press. The case is somewhat unique because the class consists of investors from several European countries, including France, [...]
U.S. Supreme Court Considers Class Action Issues
Posted in Class Action News, Supreme Court Decisions, tagged CAFA, foreign cubed, inquiry notice, scotus, securities fraud, Supreme Court, u.s. supreme court on June 23, 2009 | Leave a Comment »
This month’s edition of BNA, Inc.’s Class Action Litigation Reporter (available by subscription) tipped me off to three interesting class action-related cases pending before the United States Supreme Court: 1) Morrison v. National Australia Bank, No. 08-1191 (cert pending). The Court invited the Solicitor General to submit a brief expressing the U.S. government’s views on a petition for certoriari [...]
Dutch Class Action Settlement A Sign of Things to Come?
Posted in Class Action News, Class Action Settlements, Class Action Trends, International Class Action Law, tagged dutch class action, european class action law, foreign cubed, International Class Action Law, netherlands class action on June 1, 2009 | 1 Comment »
As reported by various news sources today and summarized in this entry from Ben Hallman at The Am Law Litigation Daily, a Dutch court has approved a settlement of claims of a class of institutional investors against Royal Dutch Shell. The settlement was approved under a 2005 Dutch law that allows collective settlements on an opt-out basis, although it [...]
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 [...]
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Second Circuit Unwilling to Reject “Foreign Cubed” Class Actions Categorically
Posted in Class Action Trends, Commentary, Federal Court Decisions, International Class Action Law, tagged 10b-5, conduct test, effects test, foreign cubed, International Class Action Law, morrison v. national australia bank, transnational class action on October 28, 2008 | 10 Comments »
For those interested in the internationalization of class action law, be sure to read the Second Circuit’s decision in Morrison v. National Australia Bank Ltd., 2008 WL 4660742 (2d Cir. Oct. 23, 2008). (Thanks to The 10b-5 Daily and Point of Law for tipping me off to the decision). I have previously commented on the trend in efforts [...]
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