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 … Continue Reading
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
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 … Continue Reading
Thurgood Marhshall was, of course, a Justice of the Supreme Court. But before that, he was an absolutely incredible litigator; he was the primary strategist behind the NAACP’s litigation campaign to desegregate public institutions. In the wake of his victory … Continue Reading
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, … Continue Reading
Earlier this year, Professor Arthur Miller published a summary of developments in civil procedure over the last several years, entitled Simplified Pleading, Meaningful Days in Court, and Trials on the Merits: Reflections on the Deformation of Federal Procedure.
Professor … Continue Reading
Longtime readers may remember that last February I had the pleasure of participating in the DePaul Law Review’s symposium on Class Action Rollback. The article from that symposium will be appearing shortly in the DePaul Law Review, and … Continue Reading
The Economist is reporting that the French president Francois Hollande’s government just presented a class action bill to the Council of Ministers on May 2. While the bill still must be debated and passed, it has already generated a … Continue Reading
As Colorado Law Professor Paul Campos has observed, it has rapidly become a cliche that law schools are in crisis. They charge too much, and they don’t prove adequate training or job placement in return. As a result, … Continue Reading
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 … Continue Reading