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 [...]
Posts Tagged ‘shady grove’
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 »
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 [...]
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 [...]
The United States Supreme Court and Class Actions
Posted in Supreme Court Decisions, tagged CAFA, class action jurisprudence, federalism, preemption, scalia, scotus, shady grove, sotomayor, u.s. supreme court on April 8, 2010 | 1 Comment »
I’m embarrassingly late in posting a link to the Supreme Court’s recent decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, slip op. (S. Ct., March 31, 2010) in which the Court held that a New York state rule prohibiting class actions to recover statutory penalties did not apply in a case filed [...]
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Battleground TCPA
Posted in Class Action Trends, Commentary, tagged annihilating, auto-dialer, class action, colorado, critchfield, FACTA, fax blast, giovanniello, kosher bagel munch, local banking products, madison county, predominance, robo-call, rule 23. 47 u.s.c. 227, shady grove, statutory penalty, superiority, TCPA, telephone consumer protection act, unsolicited phone calls on October 20, 2011 | 1 Comment »
One of the hottest substantive areas in consumer class actions these days is litigation under the Telephone Consumer Protection Act (TCPA), 47 U.S .C. § 227, sometimes called the ”fax blast” statute, which prohibits unsolicited faxes and automated calls for the purpose of commercial solicitation. The TCPA has a statutory penalty provision that allows consumers to recover $500 for each violation. The [...]
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