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Posts Tagged ‘trask’

The Class Action Playbook, Second Edition

I was nearly distraught when I recently misplaced my only copy of The Class Action Playbook by Brian Anderson and Andrew Trask (Oxford University Press 2010).  Not only was the book a handy guide to just about every issue one might face in a class action, but it is also an accessible introduction to class action practice that has saved me hours of having to explain difficult concepts to new associates (I suspect that one of these associates is hoarding my lost copy, but alas, I have no solid proof).  Thankfully, Anderson and Trask have released the Second Edition of the book, which now is available at the OUP website.   So, not only do I have my quintessential guide to defending class actions back, it’s up to date with the latest trends and authorities.  Just in time!

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Fellow class action blogger and defense lawyer Andrew Trask has posted some key insights from his notes of the 5th Annual Conference on the Globalization of Class Actions, on his excellent blog, ClassActionCountermeasures.  I had the pleasure of finally meeting Andrew in person at the conference, and he was every bit as engaging in person as he is online.

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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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