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Posts Tagged ‘rule 23’

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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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. [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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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. [...]

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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 [...]

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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 [...]

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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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