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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Category Archives: Strategy

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Amending Rule 23: Lessons from the PSLRA

Posted in Strategy

Earlier this year, it became clear that the Advisory Committee on Civil Rules is considering possible amendments to Rule 23. As Tony Lathrop’s post summarizes, the “front burner” issues at the moment largely concern class action settlements, focusing in on possible limits to cy pres relief and greater clarity on what Rule 23(e)’s “fair, reasonable,… Continue Reading

Law, Facts, & Hostile Judges

Posted in Scholarship, Strategy

 As it turns out, Chicago poet and journalist Carl Sandburg is one of–if not the–first person to be credited with an old piece of advice for lawyers: If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the… Continue Reading

Stipulated Dismissals and Appeals of Class Actions

Posted in Strategy

 When the Rules Committee amended Rule 23 in 1998 to allow for interlocutory appeals, it made them discretionary. The result, as I’ve written before, is that class action litigators have had to make these appeals attractive to appellate courts in much the same way that appellate litigators must prepare certiorari petitions.  But, as it turns… Continue Reading

What Happens to a Reversed Class Action?

Posted in Strategy

This week, we ask the question: what happens to a class action after the defendants win an appeal? The case posing this question is Glaberson v. Comcast Corp., No. 03-6604, 2013 U.S. Dist. LEXIS 160892 (E.D. Pa. Nov. 12, 2013). And the facts should be familiar: Glaberson is the current name for the case the… Continue Reading

Mootness Maneuvering – Physicians Healthsource Inc. v. Allscripts-Misy’s Healthcare Solutions, Inc.

Posted in Motions Practice, Strategy

This term, the Supreme Court will review several class action cases. In one of those, Genesis HealthCare Corp. v. Symczyk (technically, an FLSA collective action, but a ruling either way will likely have wider significance) it will decide whether a defendant can moot a class action by offering full relief to a class representative. The case… Continue Reading