It’s not too late to sign up for next Wednesday’s Strafford Publications Webinar, Statistics in Class Action Litigation: Admissibility, Expert Witnesses and Impact of Wal-Mart v. Dukes. Click the link on the title of the program for more information and to sign up. For anyone looking for sneak preview, here are the program slides, which were are the result [...]
Posts Tagged ‘wal-mart’
It’s Not too Late to Sign up for Next Week’s CLE Webinar on Statistics in Class Actions
Posted in CLE Programs, tagged american honda motor, class actions, daubert, dukes, expert witness, statistics, wal-mart on May 17, 2012 | Leave a Comment »
The Decline of Class Actions, in a Nutshell
Posted in Class Action Trends, tagged adequacy, arbitration, CAFA, Class Action Fairness Act, class action trend, class certification, class definition, commonality, concepcion, dukes, fail-safe, klonoff, lewis and clark, numerosity, nutshell, typicality, wal-mart on May 8, 2012 | Leave a Comment »
Robert H. Klonoff, Dean of the Lewis and Clark Law School and author of the quintessential class action compendium, Class Actions and Other Multi-Party Litigation in a Nutshell, has authored an excellent research paper entitled The Decline of Class Actions. The paper which will be published in Volume 90 of the Washington University Law Review, [...]
Can’t Get Enough of Statistics in Class Actions? This Webinar Is for You!
Posted in Class Action Trends, CLE Programs, tagged class certification, cle, CLE program, daubert, dukes, expert witness, statistics, strafford, wal-mart on April 11, 2012 | Leave a Comment »
I’m not sure that WordPress site statististics would be admissible in a class action as proof of readers’ interest, but the recent CAB site stats do appear to show some level of interest in the topic of statistics in class actions. So, readers may be interested in an upcoming Strafford Publications webinar in which I will be participating on May 23, [...]
Another Viewpoint on “Trial by Formula”
Posted in Class Action Trends, tagged class action, drogin, dukes, lahav, mass action, mass tort, sampling, statistical method, statistics, trial by formula, wal-mart on April 9, 2012 | Leave a Comment »
For those of you interested in the topic of statistics in mass and class actions, U. Conn. Law Professor and Mass Tort Litigation Blog contributor Alexandra D. Lahav has written an academic paper on the subject in the Texas Law Review, aptly entitled The Case for “Trial by Formula.” For Professor Lahav’s synopsis of the paper, a link to [...]
Trial By Formula, Statistical Sampling, and the Right to Due Process
Posted in Class Action Decisions, Class Action Trends, Employment Class Actions, tagged drogin, due process, dukes, predominance, sampling, statistical sampling, statistics, trial by formula, wal-mart on April 6, 2012 | 1 Comment »
Editor’s Note: This is a joint post for ClassActionBlawg and the newly-launched Baker Hostetler Class Action Lawsuit Defense Blog. Be sure to bookmark the Baker Hostetler blog at www.classactionlawsuitdefense.com for the latest in class action trends and decisions. A common temptation in class action litigation is to fashion procedures based on “rough justice” to avoid overburdening the courts or attempting [...]
Class Action Blogosphere Periodic Review
Posted in Class Action Trends, tagged bp, dukes, e-discovery, employment class action, esi, hedge fund, litigation funding, oil spill, parens patriae, ponzi, trustee, wal-mart on March 22, 2012 | Leave a Comment »
From time to time we will troll the class action blogosphere for news and information about our favorite class action topics. Here are just a few of the recent headlines from around the web. Complex litigation as a commodity investment? Hedge funds have traditionally been willing to explore new territory in the non-traditional investment sphere. [...]
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 »
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. [...]
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 [...]
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 [...]
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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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