Earlier today, the Supreme Court issued its third of four class action-related decisions for the October 2010 term. In Smith v. Bayer Corp., No. 09-1205, the Court held that a federal court exceeded its authority when it issued an injunction preventing a state court from considering whether to certify a class on claims in which [...]
Posts Tagged ‘rule 23’
If at First You Don’t Succeed, Try, Try Again
Posted in Class Action Decisions, Class Action Fairness Act, Supreme Court Decisions, tagged anti-injunction act, CAFA, claim preclusion, collateral estoppel, frcp 23, home state, issue preclusion, kagan, local controversy, relitigation exception, rule 23, scotus, smith v. bayer, Supreme Court, u.s. supreme court, west virginia on June 16, 2011 | 2 Comments »
2010-11 U.S. Supreme Court Class Action Tally: Defendants 1, Plaintiffs 1
Posted in rule 23, Securities Class Actions, Supreme Court Decisions, tagged erica p. john, fifth circuit, fraud on the market, frcp 23, preponderance, presumption of reliance, rule 23, securities class action, securities fraud on June 6, 2011 | Leave a Comment »
Just when we were starting to think that 2011 might mark the end of the great American class action… Today, the Supreme Court issued a unanimous decision reversing a denial of class certification in the securities class action Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403, slip op (June 6, 2011). In the opinion, authored by [...]
Recent Trends in Federal Class Certification Standards
Posted in Class Action Decisions, Class Action Trends, Federal Civil Procedure, rule 23, tagged american honda motor, class certification, class certification standard, class certification trends, daubert, dukes v. wal-mart, eisen, expert testimony, frcp 23, in re ipo, regression analysis, rigorous analysis, rule 23, statistical evidence on May 4, 2010 | 1 Comment »
I’m embarrassingly late in reporting on them, but I would be remiss if I did not mention two key recent United States Circuit Courts of Appeals decisions addressing the legal standards governing class certification under FRCP 23: In American Honda Motor Co. v. Allen, No. 09-8051 (7th Cir., April 7, 2010) the Seventh Circuit held that a district court abused [...]
California Class Action Bill “Died at Desk”
Posted in Class Action News, class action reform, rule 23, tagged california class action, california class action bill, california class action rule, class action reform, class action rule, rule 23 on March 16, 2010 | Leave a Comment »
A proposed bill to amend the California Code of Civil Procedure to create a class action rule similar to Rule 23, Federal Rules of Civil Procedure, has apparently failed for the time being. Among other things, ABX8 38 would have replaced Code of Civil Procedure Section 382 with a rule setting forth more specific, statutory prerequisites to class certification, similar to [...]
Expert Testimony and the Rigorous Analysis Standard
Posted in Lawyers' Resources, Reports and Surveys, rule 23, tagged expert testimony, frcp 23, rigorous analysis, rule 23, white paper on July 9, 2009 | Leave a Comment »
Economist David Gulley, Ph.D., of Navigant Consulting, has authored an informative white paper entitled Recent Trends in Rule 23 Class Certification Expert Analysis. Dr. Gulley’s article explores the expanding role of experts and increased scrutiny over expert opinion testimony in class certification proceedings in light of recent federal appellate decisions placing renewed emphasis on the rigorous analysis standard. See the Second Circuit’s [...]
Register Now for the Most Exciting CLE Program on Rule 23(f) Appeals Ever
Posted in CLE Programs, rule 23, tagged class action appeal, CLE program, frcp 23, frcp 23(f), rule 23, rule 23(f) on January 6, 2009 | Leave a Comment »
If you’re looking for a fun-filled way to spend a Tuesday lunch hour and need CLE credits, check out Strafford Publications’ upcoming CLE Teleconference Rule 23(f) Class Certification Appeals: Strategies for Pursuing or Opposing Appellate Review in the Absence of Clear Standards. The fun will begin on January 20, 2009 at 1PM Eastern. For more information [...]
Third Circuit Examines Impact of the Rigorous Analysis Standard on Conflicting Expert Testimony
Posted in Antitrust Class Actions, Class Action Decisions, Federal Court Decisions, tagged antitrust class action, antitrust injury, class certification, falcon, frcp 23, hydrogen peroxide, rigorous analysis, rule 23 on December 30, 2008 | 1 Comment »
Shannon P. Duffy of The Legal Intelligencer has authored an article summarizing the Third Circuit Court of Appeals’ decision in In re Hydrogen Peroxide Antitrust Litigation, No. 07-1689 (3d Cir., Dec. 30, 2008), which the article calls a “ruling that is sure to be required reading for antitrust lawyers.” The decision also addresses more general class certification issues that are [...]
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 [...]
Technically Speaking, You don’t “Join” a Class Action
Posted in Commentary, Other Representative Actions, rule 23, tagged class action procedure, class certification, join a class action, representative action, rule 23 on September 3, 2008 | 1 Comment »
As someone who reads a lot of news articles about class action lawsuits, I see a lot of technical misstatements by the media in reporting on the mechanics of class action procedure. To most casual readers, these errors may not be that important to the overall story about a particular lawsuit, so the distinctions that I [...]
Subscribe by Email
Twitter Feed: @classaction
- It’s Not too Late to Sign up for Next Week’s CLE Webinar on Statistics in Class Actions bit.ly/KGpifs 1 day ago
- Finally, a Decision in the Groundbreaking Group Action Against Deutsche Telekom bit.ly/KAUrkr 2 days ago
- BH Class Action Blog Interview With Professor Mary Kay Kane (Part II) bit.ly/JOOXBg 2 days ago
-
Our Contributors
-
Recent Comments
- Concepcion a Year Later, Are Consumer Class Actions Dead Yet? « ClassActionBlawg.com on Battleground TCPA
- Concepcion a Year Later, Are Consumer Class Actions Dead Yet? « ClassActionBlawg.com on NYT Dealbook Blog: Explaining the Securities Class Action Downturn
- Concepcion a Year Later, Are Consumer Class Actions Dead Yet? « ClassActionBlawg.com on Will AT&T Mobility v. Concepcion Really Kill the Consumer Class Action?
- Melissa on Will AT&T Mobility v. Concepcion Really Kill the Consumer Class Action?
- Good News: Inside Counsel Must Do More With Less on Class Actions : Class Action Countermeasures on Obtaining Early Resolution on the Merits in a Class Action May Be a Pyrrhic Victory
-
Recent Posts
- It’s Not too Late to Sign up for Next Week’s CLE Webinar on Statistics in Class Actions
- Finally, a Decision in the Groundbreaking Group Action Against Deutsche Telekom
- Concepcion a Year Later, Are Consumer Class Actions Dead Yet?
- The Decline of Class Actions, in a Nutshell
- First Circuit Lays Down Ground Rules for Cy Pres Awards
Archives
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
Posts by Date
-
-
Tags
“Like” Us On Facebook
Paul Karlsgodt
Raj Chohan
CAB Staff
Thoughts on Wal-Mart Stores, Inc. v. Dukes
Posted in Class Action Decisions, Commentary, Employment Class Actions, Federal Civil Procedure, Supreme Court Decisions, tagged adverse impact, class certification, daubert, dukes, employment class action, expert witness, ginsburg, rigorous analysis, rule 23, scalia, statistical evidence, statistical proof, Supreme Court, wal-mart on June 20, 2011 | 5 Comments »
Many commentators correctly that the decision in Wal-Mart Stores, Inc. v. Dukes would be favorable to business interests. However, unlike the Court’s earlier decision in AT&T Mobility v. Concepcion, the decision does not necessarily threaten to sound a death knell for class actions or even a particular category of class actions. Instead, the decision merely clarifies the standards on which future class actions are to [...]
Read Full Post »