Archive for May 27th, 2008

Here are some blog entries of interest to class action practitioners from the week that was.

It’s been a big week for blog postings on CAFA removal decisions…

… after a bit of a hiatus, CAFA Law Blog is back with a rollicking review of the latest in CAFA removal decisions from the Seventh Circuit Court of Appeals (relation back of amendment) …


… while Class Action Defense Blog provides a somewhat more serious summary of the latest in CAFA removal decisions from the U.S. District Court for the Eastern District of California (proof of amount in controversy) …


… and Carlton Fields’ class action blog Classified outlines an opinion by the U.S. District Court for the Middle District of Alabama applying CAFA removal precedent in analyzing a remand motion under traditional amount-in-controversy principles (burden of proof where complaint does not specify the amount of damages sought):


(My apologies for the illiteration.  I’ve been reading too many stories for toddlers recently.)

The Complex Litigator provides breaking news on the United States Supreme Court’s denial of a Petition for Cert to review preemption issues surrounding state law bans on class action arbitration waivers in consumer contracts …


… and more on the same case from Consumer Law and Policy Blog:


The UCL Practitioner provides useful notes of a California State Bar presentation by San Francisco Superior Court Judge Richard A. Kramer with practice tips regarding case organization and discovery (including e-discovery issues) in class action litigation under the Unfair Competition Law (UCL):


The D&O Diary surveys international trends in securities class action litigation:


Drug and Device Law blog has an analysis of the arguments for and against an interesting proposal by the American Law Institute that would permit individual clients to agree in advance to be bound by the collective decisionmaking of an aggregate group of mass tort plaintiffs who are represented by a common group of lawyers.


Wage Law blog comments on a recent Eleventh Circuit Court of Appeals decision addressing whether refusal to sign an arbitration agreement during a pending wage and hour class action litigation can constitute protected activity sufficient to support a retaliation claim:


Overlawyered criticizes the attorney’s fees requested in a class action settlement involving video game purchasers.


Points of Law summarizes a Kentucky Enquirer report on the testimony of Retired Circuit Court Judge Joseph “Jay” Bamberger regarding his actions in presiding over a now infamous fen-phen diet drug lawsuit that has led to the indictment and trial of several plaintiffs’ class action lawyers.


Health Plan Law addresses the futility exception to exhaustion of admininstrative remedies in ERISA class action litigation brought on behalf of HMO participants:


FP Legal Post addresses a recent decision’s impact on Quebec, Canada’s reputation as a “class action haven”:


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