Colorado Supreme Court Issues Four Decisions Addressing Class Action Issues
The Colorado Supreme Court’s highly anticipated rulings in four class actions were announced earlier today. Here are links to the opinions. I’ll have more commentary on the four decisions soon: No....
View ArticleJackson v. Unocal – Class Actions Find a Welcome Home in Colorado
Ever since the U.S. Supreme Court issued its decisions in Smith v. Bayer and Wal-Mart Stores, Inc. v. Dukes, I have wondered aloud whether we would start to see a significant divergence between the...
View ArticleDon’t Miss Tuesday’s Strafford CLE Webinar on Class Action Objectors
It’s not too late to sign up for next Tuesday’s Strafford CLE Webinar entitled Class Action Settlement Objectors, Minimizing and Defending Challenges by Professional Objectors, Government Officials and...
View ArticleDemanding More from Outside Counsel
Mark Herrmann, former contributor to Drug and Device Law Blog and Vice President and Chief Counsel for Litigation at Aon, Inc., recently authored and entertaining and enlightening post in the legal...
View ArticleDukes, Medical Monitoring, and the Distinction Between Equitable and...
I’m embarrassingly late in posting a link to a terrific article from Steptoe & Johnson Partner Jennifer Quinn-Barabanov entitled Has Dukes Killed Medical Monitoring? The article, published in the...
View ArticleThink Dukes Was the End of the Employment Discrimination Class Action? Think...
Last Friday, the Seventh Circuit Court of Appeals issued a significant employment class action decision that may challenge conventional wisdom about the impact of the Supreme Court’s 2011 decision in...
View ArticleMore on Posner’s McReynolds Decision
For those readers who are interested in additional insights on Judge Posner’s opinion in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. 24, 2012), which was...
View ArticleCongress Considering Legislation to Reverse Impact of Wal-Mart Stores, Inc....
According to Pete Kasperowicz at The Hill’s Floor Action Blog, Senator Al Franken (D-Minn.) and Representative Rosa DeLauro (D-Conn.) have introduced legislation in Congress intended to reverse...
View ArticleSupreme Court Accepts Another Class Action for October 2012 Term
The United States Supreme Court has granted certiorari in another class action to be heard during the October 2012 term. In Comcast Corp. v. Behrend, No. 11-864, an antitrust class action, the Court...
View ArticleVoluntary Refund Programs as a Class Action Defense Strategy
Professor Eric Voigt of the Jones School of Law at Faulkner University in Alabama has authored an intriguing article entitled A Company’s Voluntary Refund Program for Consumers Can Be a Fair and...
View ArticleGenesis Healthcare Decided. Now “feel free to relegate the majority’s...
Today, the Supreme Court issued its ruling in Genesis Healthcare Corp. v. Symczyk, No. 11–1059, which addresses the practice of “picking off” a named plaintiff in a FLSA collective action by making a...
View ArticleWill Moldy Washing Machines Save the Consumer Class Action from Extinction?
One of the key questions in the aftermath of the Supreme Court’s recent decision in Comcast Corp. v. Behrend is the extent to which damages must be susceptible to classwide calculation in order to...
View ArticleCould Austrian Facebook Suit Breathe New Life into the Global “Class Action”?
After becoming one of the hottest trends during the latter part of the last decade, developments in international class action law have waned a bit over the past couple of years, but a new case may be...
View ArticleNeed CLE Ethics Credit? Interested in Class Actions? Love San Francisco? This...
I’m pleased to announce that I’ll be chairing the ABA’s 2nd Annual Western Regional CLE Program on Class Actions and Mass Torts. The event is co-sponsored by the Section of Litigation’s Class Actions...
View ArticleRule 23 Subcommittee Issues Report Outlining Possible Changes to Class Action...
Last week, the Rule 23 Subcommittee to the Advisory Committee on Rules of Civil Procedure issued its latest report outlining potential revisions to Rule 23, Federal Rules of Civil Procedure. Click the...
View ArticleIs a New Rule on Issue Certification a Good Idea?
Along with my colleague, Jacqueline Matthews, I recently authored a commentary on the possible changes to the rule on issue classes, Rule 23(c)(4), Federal Rules of Civil Procedure, that were proposed...
View ArticleBig Changes to Rule 23 in 2018? Be Sure to Weigh In Now.
I was privileged to be invited to participate in a recent mini-conference with the Rule 23 Subcommittee to the Advisory Committee on Civil Rules, the committee that evaluates and proposed changes to...
View ArticleUpdate on Proposed Rule 23 Changes
In September, I reported on the Rule 23 Miniconference that I attended in Dallas to discuss the proposed changes being considered by the Rule 23 Subcommittee to the Advisory Committee on Civil Rules....
View ArticleNotes from the 20th Annual ABA National Institute on Class Actions
I attended the National Institute on Class Actions in Las Vegas last week, and it was probably the best one yet, considering the powerhouse lineup of speakers and excellent topics. This year’s event...
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