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 ‘res judicata’
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 »
Supreme Court Set to Hear Oral Argument in Smith v. Bayer on January 18
Posted in Class Action News, Federal Civil Procedure, Federal Court Decisions, rule 23, Supreme Court Decisions, tagged anti-injunction, baycol, class certification, collateral estoppel, enjoin state court class, federal injunction, personal jurisdiction, res judicata on January 5, 2011 | Leave a Comment »
In my 2010 wrap up posted last week, I neglected to mention one of the three class action-related cases in which the United States Supreme Court granted cert in 2010. Smith v. Bayer is an appeal of a case that did make my top 10 list, In re Baycol Products Litigation, 593 F.3d 716 (8th Cir. 2010). The Court granted cert last September to [...]
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 | 1 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 | 1 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 [...]
Not So Fast: The Push to Internationalize Securities Class Actions Hits a Bump in the Rue
Posted in Class Action Trends, Federal Court Decisions, International Class Action Law, tagged france collective action, french collective action, full faith and credit, international class action, preclusion, res judicata, securities class action, transnational class action on September 8, 2008 | 1 Comment »
In late July, I commented on a possible trend in courts allowing foreign investors to be included as class members in securities class actions filed in U.S. courts. At the time, the primary decision allowing foreign investors to be included in an opt-out securities class was In re Vivendi Universal, S.A. Sec. Litig., 242 F.R.D. 76 [...]
PR Campaign in Société Générale Class Action Reflective of Trend Toward Transnational Classes
Posted in Class Action News, Class Action Trends, International Class Action Law, tagged French law, International Class Action Law, lerach, preclusion, res judicata, securities class action, securities fraud, transnational class action on July 31, 2008 | 6 Comments »
As reported this morning on NPR’s Morning Edition, the New York Times, and the Wall Street Journal’s Deal Book blog, among other news sources, the firm of Coughlin Stoia Geller Rudman & Robbins, recently named as lead counsel in a securities class action against French bank Société Générale, has sent a group of lawyers across the pond [...]
Practice Tip: Consider the Implications of a Pre-Certification Dispositive Motion
Posted in Practice Tips, tagged claim preclusion, collateral estoppel, FRCP 56, issue preclusion, pre-certification, res judicata, rule 23, Rule 56, summary judgment on April 16, 2008 | Leave a Comment »
As defense lawyers, our instincts tell us to take our shot at a dispositive ruling on the merits if it might allow us to avoid a class certification hearing. We know that the material facts aren’t in dispute and that we should win on the law, if we can just get the judge to ignore the plaintiffs’ attorneys constant spin [...]

