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Archive for the ‘Lawyers’ Resources’ Category

If you’re prosecuting or defending a class action or are interested in class action developments (and I’m not sure why on Earth you would be reading this otherwise) you’ll want to know about a great new ABA publication on the Class Action Fairness Act of 2005 (CAFA).  The Class Action Fairness Act, Law and Strategy, is a book of collected works written by experts on both sides of the bar and deftly edited by former ABA CADS Committee Chair Gregory C. Cook.  Those familiar with CADS (the Class Actions and Derivative Suits Committee of the ABA Section of Litigation) will recognize the names of many of the knowledgeable contributors.

The book covers nearly every CAFA-related topic conceivable, from the history of CAFA to the provisions expanding federal diversity jurisdiction in class actions and the provisions regulating federal class action settlements.  It can be used as a reference guide for the basic requirements of CAFA, but it also provides practical strategy tips for both plaintiffs and defendants in dealing with common and not-so-common CAFA issues.  Here is a summary of the Table of Contents:

  • Chapter 1 – Introduction and Overview
  • Chapter 2 – CAFA in Congress: The Eight-Year Struggle
  • Chapter 3 – Hey CAFA, Is that a Class Action?
  • Chapter 4 – The Amount in Controversy under CAFA: Have You Got What It Takes for Federal Court?
  • Chapter 5 – CAFA’s Numerosity Requirement, or How to Count from 1 to 100
  • Chapter 6 – Basics of MInimal Diversity in CAFA
  • Chapter 7 – Welcome to the Jungle: CAFA Exceptions
  • Chapter 8 – How CAFA Expands Federal Jurisdiction to Include Certain Mass Actions
  • Chapter 9 – Advanced Procedural and Strategic Considerations on Removal under CAFA
  • Chapter 10 – CAFA-Related Appeals
  • Chapter 11 – CAFA Settlement Provisions

Be sure to click the link on the title of the book, above, for information about how to get your copy.  If you don’t have it, chances are that your opponent will!

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The Baker Hostetler Privacy and Data Protection Team has published a comprehensive guide to the data privacy laws in countries around the world.  The International Compendium of Data Privacy Laws summarizes the civil, criminal, and regulatory data breach and other privacy laws of more than 40 countries.

 

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For those readers who may be dissatisfied with my somewhat uneven coverage of all things class action lately, here’s a reminder about a great source for the latest in class action news and trends: the ABA’s Class Actions and Derivative Suits (CADS) Committee Group Page on LinkedIn.  CADS membership is free to all ABA Section of Litigation members.  Participation in the LinkedIn group is a benefit to all CADS members.  For more information on how to join CADS, click here.  For the LinkedIn Group, click here

Some highlights of the content available on the LinkedIn page:

  • A summary of the recent oral argument before the United States Supreme Court in Standard Fire Insurance Co. v. Knowles
  • Coverage of a recent 7th Circuit decision discussing whether misconduct by putative class counsel requires denial of class certification.
  • Links to articles authored by members in other publications or blogs.
  • Announcements about upcoming CADS events.

And much more…

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For those of you interested in the forthcoming book, World Class Actions, here’s a quick update.  The page proofs should be ready by the end of next week, and barring unexpected delay, we are still on pace for an early summer publication date.  For those that haven’t yet heard about the book, it is a guide to class and collective action litigation around the world.  Here’s a link to the Oxford University Press web page for the book where you will find a more detailed synopsis.  I’ll continue to post updates as the publication date approaches.

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The Baker Hostetler Employment Class Action Blog is constantly putting out quality content, but they have two new recent posts that I would especially recommend to my readers.  They include:

  • This February 6 post from John Lewis discussing the impacts, both on employment cases and otherwise, of the Second Circuit’s recent Amex III decision.
  • This February 6 Post from Greg Mersol discussing a recent federal court decision holding that the pleading standards articulated in Iqbal and Twombly do not apply to affirmative defenses in class actions.
  • This January 20 post from John Lewis discussing the U.S. Supreme Court’s most recent pro-arbitration opinion in CompuCredit Corp v. Greenwood.

Even if you aren’t an employment lawyer, I would strongly suggest adding www.employmentclassactionreport.com to your list of favorites!

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Ok, just a bit further…

Mark Herrmann, former contributor to the wildly successful Drug and Device Law Blog, sent me a note the other day that his book co-authored with Jones Day Partner David B. Alden entitled Drug and Device Product Liability Litigation Strategy (Oxford Univ. Press 2011) is now available.  Here is a link to the book’s page on OUP’s website, where you can get more information and order a copy.

The following is a slightly edited version of the summary that he sent me:

The book is generally a reference work, so big chunks of the book simply bring a beginner up to speed on the defense of drug and device product liability cases. But we say a few things in the book that are new and different. Some of the interesting stuff includes:

1. At pages 181 to 186, we analyze every motion to centralize drug or device cases filed with the MDL Panel from the Panel’s creation through the end of 2010. We count the number of motions granted and denied, and we break down the percentages by time period, showing that the Panel has become slightly more likely to centralize cases as time has passed.

2. At pages 219 to 222, we analyze the use of “direct filing provisions,” which allow plaintiffs to file their complaints directly in the MDL transferee court, rather than being required to file in their home courts and then asking the MDL Panel to transfer the cases. If litigants are not careful, direct filings provisions can alter the applicable choice-of-law analysis, change the identity of the court that tries the case, or alter the trial court’s personal jurisdiction over third-party defendants.

3. Finally, our discussion of the scope of preemption for prescription drugs after the Supreme Court’s decision in Wyeth v. Levine may be noteworthy. At pages 339 to 343, we identify five situations in which claims against prescription drug manufacturers may be preempted even after the Supreme Court’s restriction of preemption in Levine.

We’d love to start a conversation on these issues. And, if we’ve taken the time to write the book, we’d sure like interested folks to know that the book exists.

I have not had a chance to read it yet, but given Herrmann’s body of work on Drug and Device Law Blog, it is guaranteed to be of the highest quality.  It sounds like the quintessential guide to the very specialized area of mass tort and class action litigation, authored by two of the world’s foremost experts on the subject.

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While doing research for another article today, I came across a terrific resource that could come in handy to any lawyer who handles consumer class actions.   It is a 2005 article from Alan S. Brown and Larry E. Hepler entitled Comparison of Consumer Fraud Statutes Across the Fifty States, 55 Fed’n Def. & Corp. Couns. Q. 263 (2005).  A copy is available for download for free at the FDCC website.  In an appendix at pages 290-308, the authors included a chart comparing key aspects of each state’s consumer protection statute. 

Although the article is now several years outdated (so it would be prudent to shepardize), it at least provides a good starting point for any attorney researching state consumer protection or “little FTC” laws.  I only wish I had come across this little gem sooner.

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The Class Action Playbook

The Class Action Playbook

Andrew Trask, author of the blog Class Action Countermeasures, recently sent me an advance copy of a new book that he co-authored with O’Melveny partner Brian Anderson: The Class Action Playbook (Oxford University Press 2010).  The title is self-explanatory, and the book lives up to its name.  It’s clear after just a few pages that the authors are eloquent writers who know their way around a class action.  The book as a whole provides an anatomy of a class action from pre-filing to discovery, trial or settlement, appeal, and even post-judgment collateral attack.  Each section contains concrete practice tips in addition to a discussion of the applicable legal principles and procedural requirements.  Aside from being an accessible and comprehensive practitioner’s guide to litigating class actions, the book is filled with entertaining quips and illustrations that make the book an enjoyable read from cover to cover.  Here are some examples:

On ascertainability as component of the numerosity requirement (pp. 23-24):

A merits-based (also known as a “fail-safe”) class is like Schrödinger’s cat: until the verdict, there is no way of telling whether the class has 1,000 members or none at all.

On drafting class certification briefs (p. 135):

Indeed, class-action litigation can sometimes seem almost fractal in nature.  From the 30,000-foot view the plaintiff advocates, all issues look common: contracts are uniform, misrepresentations are substantially similar, and reasons for not hiring are all part of a larger pattern or practice.  But from the close-up view the defendant advocates, every class member is unique, and common proof could never resolve everyone’s claims.  One could say that the outcome of the class certification debate turns on whether the court decides that the lawsuit is best viewed through a telescope or a microscope.

On the importance of plain language notice (p. 185):

Most adults who pay with a credit card, use a cell phone, or drive a car have seen at least one class notice in their lives.  Class notices have a reputation for being long and opaque, reading much like the credit cards agreements, cell phone calling plans, or warranties that the plaintiff complained about in the first place.  Some of this complexity is unavoidable: It is extremely difficult to balance accuracy and clarity, and the presence of lawyers likely tips the scale in the wrong direction. . . .

I highly recommend the Class Action Playbook to fellow practitioners and their clients as well as students, judges, and academics alike.  Very well done, gentlemen.

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I must have been living under a rock, but today for the first time I came across The Learned Lawyer, a great Colorado-centric law blog published by the Colorado Bar Association’s nonprofit education affiliate, CLE in Colorado, Inc.

The Learned Lawyer offers a variety of articles of interest to practitioners of all ilks.  Recent entries include an interview with Colorado Supreme Court Justice Gregory Hobbs on water law, advice columns for young lawyers, a video series for solo practitioners, and highlights of upcoming CLE offerings.

For those, like me, who are always on the lookout for good law blogs, The Learned Lawyer also maintains a blogroll of Colorado law blogs.

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Economist David Gulley, Ph.D., of Navigant Consulting, has authored an informative white paper entitled Recent Trends in Rule 23 Class Certification Expert Analysis.  Dr. Gulley’s article explores the expanding role of experts and increased scrutiny over expert opinion testimony in class certification proceedings in light of recent federal appellate decisions placing renewed emphasis on the rigorous analysis standard.  See the Second Circuit’s opinion in In re IPO Securities Litigation and the Third Circuit’s opinion in In re Hydrogen Peroxide Antitrust Litigation.  The paper is a great resource for both class action attorneys and experts who are asked to testify in class certification proceedings.

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