Feeds:
Posts
Comments

Archive for April 15th, 2008

A Federal Judicial Center publication entitled Impact of CAFA on the Federal Courts: Fourth Interim Report was issued in April 2008 and is now available at the FJC website: http://www.fjc.gov/library/fjc_catalog.nsf

The report marks the end of the first phase of a study commissioned by the Judicial Conference Advisory Committee on Civil Rules to analyze the impact of the Class Action Fairness Act of 2005 on the federal courts. 

There are some interesting conclusions reached in the report.  The findings suggest that while CAFA has had an impact on the number of class actions being litigated in federal courts, it may not be working precisely as anticipated.  For example, in general, the report concludes that there has been a significant increase in the number of diversity class actions filed originally in federal courts as compared to the pre-CAFA period.  However, certain types of lawsuits, such as torts-personal injury cases (as distinguished from torts-property damage cases) have not increased.  Moreover, the report concludes that the increase in diversity class actions in federal courts during the period surveyed “has not been driven primarily by removals.”  Instead, the report describes the results regarding the number of diversity cases removed to federal court as “varied.” 

For a link to the full document, click here.

Supplement April 16 9:00 a.m.

Drug and Device Law Blog has posted an extensive analysis of the report’s findings.  Thanks to Mark Herrmann for forwarding the link:

http://druganddevicelaw.blogspot.com/2008/04/fjcs-latest-report-on-cafa-trends.html

Read Full Post »

Here are some blog entries of interest to class action lawyers from this past week:

The Complex Litigator provides a thoughtful response to recent criticisms of California class action law and plaintiffs’-oriented class action lawyers.  (See earlier article for analysis):

http://www.thecomplexlitigator.com/2008/04/daily-journal-f.html

http://www.thecomplexlitigator.com/2008/03/class.html

Pom Talk blog for institutional investors discusses proposed EU class action reforms:

http://www.pomtalk.com/pomtalk/2008/04/european-union.html

D & O Diary summarizes subprime-related shareholder derivative lawsuits (see internal link for information on class action lawsuits):

http://www.dandodiary.com/2008/04/articles/subprime-litigation/subprimerelated-derivative-lawsuits-the-list/

CAFA Law Blog gives a soulful account of a recent Fifth Circuit decision upholding a Louisiana District Court’s decision to deny remand of a class action filed by the State of Louisiana:

http://www.cafalawblog.com/-case-summaries-hot-off-the-press-looks-like-its-going-to-rain-all-night-for-louisiana-ags-class-action-against-insurers.html

UCL Practitioner addresses proceedings in the lower courts following the California Supreme Court’s Gentry decision regarding enforceability of class action abitration waivers:

http://www.uclpractitioner.com/2008/04/second-district.html

Boston ERISA  & Insurance Litigation Blog comments on the impact of the Supreme Court’s LaRue decision involving ERISA Section 502(a)(2) claims and a recent Seventh Circuit Court of appeals decision following LaRue.

http://www.bostonerisalaw.com/archives/401k-plans-what-larue-wrought.html

Securities Litigation Watch provides some details and background on the Deutsche Telekom securities class action trial:

http://slw.riskmetrics.com/2008/04/holy_international_securities.html

Class Action Defense Blog discusses class action discovery issues addressed by the United States District Court for the District of Maryland a hybrid class action – FLSA collective action:

http://classactiondefense.jmbm.com/2008/04/class_action_defense_discovery.html

Ask Korea Law offers an introduction to the Class Action Act of South Korea:

http://korealaw.wordpress.com/2008/04/15/introduction-to-the-securities-related-class-action-act-of-south-korea/

Portfolio.com comments on attorneys’ fees awarded to various firms in diet drug class action:

http://www.portfolio.com/views/blogs/daily-brief/2008/04/11/fat-fees-for-diet-drug-disaster

Carlton Fields’ Class Action Blog summarizes a Florida decision reversing class certification on standing grounds:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=209

This article in Industry Week discusses a survey of trends in securities class actions in 2007:

http://www3.industryweek.com/ReadArticle.aspx?ArticleID=16096

Drug and Device Law blog discusses a recent opinion by the Eighth Circuit Court of Appeals reversing class certification in a fraud case involving alleged defective heart valves.

http://druganddevicelaw.blogspot.com/2008/04/class-cert-reversed-again-in-st-jude.html

An unsuspecting class member laments receiving a $1.42 class action settlement check at FutureGringo.com…

http://www.futuregringo.com/index.php/2008/04/10/a-class-action-windfall/

…and Nation’s Restaurant News takes exception to a firm’s use of the English language in announcing that it “commenced” a class action lawsuit:

http://nrnfoodserviceblog.blogspot.com/2008/04/class-action-by-any-other-name.html

Read Full Post »