Posts Tagged ‘federalist society’

The latest issue of the Federalist Society’s Class Action Watch is now up and available on the organization’s website.  Thanks to Randy Maniloff of White and Williams LLP, for the tip.  A synopsis of Maniloff’s own contribution to the issue, from the author himself, appears below.  Other interesting topics covered in the issue include trends in mortgage-backed securities litigation, application of CAFA to attorney general actions, “concealed defect” class  actions, an analysis of the future of RICO class actions, an analysis of the Third Circuit’s standard of review analysis in In re Hydrogen Peroxide Antitrust Litigation, and a review of the Second Circuit’s recent decision in Morrison on “foreign cubed” securities class actions.

Below is a link to “Fifth Circuit Expands False Claims Act Qui Tam Provisions in Time for Debate over Stimulus Package Fraud,” an article that I published in the May issue of The Federalist Society’s Class Action Watch.

On February 17, the Fifth Circuit addressed a qui tam suit in the context of Hurricane Katrina insurance issues and made it easier for such suits to be filed. The court observed that the potential for fraud exists in any government program, especially where mass amounts of federal funds are expended in emergency and less-controlled conditions.

Coincidentally, eerily so, also on February 17, President Obama signed into law The Stimulus Package. There may be no greater example than the Stimulus Package of mass amounts of federal funds being expended in emergency and less-controlled conditions.

The attached article examines the Stimulus Package, and the Fifth Circuit’s recent expansion of the ability of plaintiffs to file a qui tam suit, and concludes that the ingredients are in place for fraud in the implementation of Stimulus Package programs, followed by qui tam suits under the False Claims Act to address such fraud.


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Mark Moller of the Cato Institute posted this commentary today arguing that true originalists should not be so quick to extol the virtues of the Class Action Fairness Act of 2005 (CAFA), which is often hailed as a conservative victory in tort reform.  Moller and various other conservative commentators argue that the Act, which expands the statutory grant of federal diversity jurisdiction of the federal courts over certain class actions, is unconstitutional.  He concludes that “[t]ort reformers who are faithful to the original meaning of the Constitution must confront the uncomfortable fact that the Constitution takes key provisions of CAFA, the tort reform movement’s greatest legislative achievement, off the table.” 

The argument mirrors one made by Florida personal injury lawyer David J. Sales, who, in an October article, remarked that CAFA is a “decidedly anti-federalist” measure that erodes States’ judicial powers in favor of greater federal jurisdiction.  (See ClassActionBlawg Commentary here).  

Could it be that the class action case of The American Trial Lawyers Association and The Federalist Society v. United States is just around the bend?

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The October 2008 issue of the Federalist Society’s Class Action Watch is now available for free download at the organization’s website (see link to the March 2008 issue here).  This installment includes articles on punitive damage limits, medical monitoring, the selection of lead counsel in securities class actions, product-based public nuisance cases, the impact of conflicts of state law on class certification, and more…

Thanks to Ted Frank at Overlawyered for the tip.

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The Federalist Society Issues a collection of articles relating to class action law every six months or so.  The latest Class Action Watch was issued in late March 2008 and includes articles on seven topics including “reverse bifurcation“, Cy Pres settlements, FACTA truncation, scheme liability, and class action tolling.  For the full index, click here.

Thanks to the Mass Tort Litigation Blog for tipping me off to this interesting resource.


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