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Archive for May 14th, 2008

Law.com has an article today summarizing a 2-1 decision by a panel of the United States Court of Appeals for the Second Circuit regarding the scope of a securities law exception to the Class Action Fairness Act’s removal provisions.  The article both summarizes the case and contains a link to the opinion itself.  The decision concerns an exception to the federal removal jurisdiction conferred by CAFA, codified at 28 U.S.C. §§ 1332(d)(9)(C) and 1453(d)(3) for claims that “relate[] to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security.”  The exception came into play because the defendant was a citizen of the forum state.  The majority held that the exception did not apply to claims for relief under state consumer fraud laws based on the defendant’s alleged acts in marketing securities because the claims did not “relate” the rights or obligations of holders of the securities.  

The opinion also addresses issues relating to procedures on interlocutory appeal of an order remanding a case removed under CAFA, including a finding that the phrase in 28 U.S.C. § 1453(c)(1) that an appeal be filed “not less than 7 days after the entry of the order” contains a typographical error and must be interpreted to mean “not more than 7 days after the entry of the order,” a conclusion also reached by other circuits. 

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It’s a little later this week than normal because I unexpectedly had to attend a hearing out of state, but better late than never.  Here are some blog posts of interest to class action practitioners from this past week…

The Complex Litigator has an extensive analysis of an upcoming Law Review article by Professor Sheila Scheuerman of the Charleston College of Law regarding “inferential preclusion of punitive damages claims in class actions.”

http://www.thecomplexlitigator.com/2008/05/has-the-united.html

For the latest in California class certification decisions, see The UCL Practitioner:

http://www.uclpractitioner.com/2008/05/new-class-certi.html

The California Wage and Hour Law weblog reminds the plaintiffs’ bar that some of the best ideas on employment class action strategies come from defense lawyers (right back at you)…

http://wagelaw.typepad.com/wage_law/2008/05/new-littler-rep.html

… and reviews a recent Ninth Circuit Court of Appeals decision regarding the ability of a district court in which a certified class action is pending to enjoin other competing actions:

http://wagelaw.typepad.com/wage_law/2008/05/district-courts.html

SCOTUS Blog provides links to case materials in for class action cases in which Petitions for Certiorari have been filed with the United States Supreme Court raising, including issues relating to class action arbitration bans in consumer contracts and removal issues:

http://www.scotusblog.com/wp/petitions-to-watch-conference-of-52208/

http://www.scotusblog.com/wp/petitions-to-watch-conference-of-52908/

Drug and Device Law Blog analyzes a recent Oregon Supreme Court decision in a class action lawsuit addressing whether having to undergo medical monitoring can be an injury sufficient support a negligence claim:

http://druganddevicelaw.blogspot.com/ (See Post entitled So Big And Yet So Small)

Class Action Defense Blog provides a detailed summary of a recent federal court decision certifying a class in an action against a pharmaceutical company for its alleged actions to prevent generic competitors from entering the market:

http://classactiondefense.jmbm.com/2008/05/glaxosmithkline_class_action_d.html

D&O Diary provides yet another excellent analysis of trends in subprime class action litigation:

http://www.dandodiary.com/2008/05/articles/subprime-litigation/variations-on-the-subprime-lawsuit-theme/

Federal Civil Practice Bulletin provides a link to an article by Vanderbilt Law Professor Amanda Rose regarding securities class action reforms:

http://federalcivilpracticebulletin.blogspot.com/2008/05/prof-rose-posts-article-on-reforming.html 

EDTexWeblog.com discusses a federal district court’s denial of a motion to dismiss a class action filed under the Federal Odometer Act:

http://mcsmith.blogs.com/eastern_district_of_texas/2008/05/motion-to-dismi.html

Northern Law Blog discusses the benefits of responding to class action settlement notices.

http://www.northernlawblog.com/2008/05/class-action-lawsuits.html

Smart Blog discusses a lawyer’s rating website that successfully defeated a class action lawsuit on First Amendment grounds:

http://smartblog.typepad.com/smart_blog/2008/05/no-good-deed-go.html

A (very) left-of-center blog criticizes Barak Obama’s support of CAFA.  (Not to get too political, but this post only helps solidify my own support of Mr. Obama.  No doubt a major press release of my endorsement will follow):

http://proletariat.wordpress.com/2008/05/09/obama-and-the-class-action-fairness-act/

istockanalyst.com provides an extensive commentary of both potential abuses in class action lawsuits in general and issues regarding a particular shareholder class action attacking a proposed merger between satellite radio providers…

http://www.istockanalyst.com/article/viewarticle+articleid_1853716.html

…but InjuryBoard.com defends the benefits of class action lawsuits:

http://cleveland.injuryboard.com/miscellaneous/benefits-of-class-action-lawsuits.aspx?googleid=238998

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