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. [...]
Posts Tagged ‘rule 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 »
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 [...]
Demanding More from Outside Counsel
Posted in Commentary, Other class action blogs, rule 23, tagged class action, constitutional law, constitutionality, herrmann, legal theory, outside counsel, redish, rule 23, trends on January 14, 2012 | Leave a Comment »
Mark Herrmann, former contributor to Drug and Device Law Blog and Vice President and Chief Counsel for Litigation at Aon, Inc., recently authored and entertaining and enlightening post in the legal industry blog, Above The Law. In Inside Straight, Torpedoing Class Actions, Herrmann highlighted a 2009 book by Northwestern Law’s Martin Redish entitled Wholesale Justice: Constitutional Democracy and the Problem of the Class [...]
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 [...]
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 [...]
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. [...]
Debate over Wisconsin Class Action Rule Takes on Increased Significance After Recent Supreme Court Decisions, Arrrr
Posted in class action reform, Class Action Trends, Commentary, tagged bayer, class certification, concepcion, dukes, federal class action, forum shopping, frcp 23, rule 23, shady grove, state class action, state court class action, wisconsin class action, wisconsin lawyer on September 19, 2011 | Leave a Comment »
As I noted in my post a few weeks ago for the SCOTUSBlog class action symposium, one issue to which I’m paying particularly close attention these days, particularly in the wake of the Supreme Court’s recent decisions in Shady Grove, Concepcion, Bayer and Dukes, is whether the state court class certification standards begin to diverge from [...]
Don’t Miss this Exciting CLE Webinar: “Class Certification After Dukes, Bayer and Halliburton Rulings”
Posted in CLE Programs, tagged bayer, class certification, CLE program, dukes, erica p. john fund, halliburton, rule 23, scotus, smith v. bayer, Supreme Court, u.s. supreme court, wal-mart, webinar on August 4, 2011 | 1 Comment »
For those of you who simply can’t get enough of the Supreme Court’s recent class action rulings, I will be speaking in an upcoming live phone/web seminar sponsored by Strafford Publications entitled “Class Certification After Dukes, Bayer and Halliburton Rulings.” The Webinar is scheduled for Tuesday, August 30, 1:00pm-2:30pm EDT. Here is a summary: The [...]
Forget Dukes and Concepcion, Shady Grove Is Where It’s At
Posted in CLE Programs, Federal Civil Procedure, rule 23, Supreme Court Decisions, tagged class action, erie doctrine, federal preemption, frcp 23, hanna, preemption, procedural, rule 23, shady grove, substantive, Supreme Court on June 22, 2011 | Leave a Comment »
After the all the activity in the Supreme Court during the October 2010 term, why would anyone want to talk about a decision from the October 2009 term? Isn’t that kind of like showing off your new Blackberry Curve the day after they unveil the iPhone 4? I prefer to think about it this way–it’s like [...]
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More on Posner’s McReynolds Decision
Posted in Class Action Decisions, Class Action News, Class Action Trends, Commentary, Employment Class Actions, tagged class action, disparate impact, dukes, employment class action, employment discrimination, issue certifiication, mcreynolds, posner, rule 23, wal-mart on March 2, 2012 | Leave a Comment »
For those readers who are interested in additional insights on Judge Posner’s opinion in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. 24, 2012), which was the subject of Wednesday’s CAB post, here’s a link to an insightful executive alert on the decision, which was authored by colleagues in Baker Hostler’s New York office, partner Deborah [...]
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