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

Tag Archives: adequacy of counsel

The Supreme Court is Also Coming for Judge Baer

Posted in Lawyers

 In what is rapidly becoming a trend, the Supreme Court denied certiorari in yet another class action (this time Martin v. Blessing, but one Justice wrote an accompanying opinion to signal where the Court may come out should the issue arise again. Martin is one of several cases in which SDNY Judge Harold Baer imposed a… Continue Reading

The Class Action as Trust – Two Views

Posted in Scholarship

Plaintiff and defense lawyers tend to talk past each other a lot when discussing the legal theories underlying the class action. Plaintiffs talk of deterrence, and the need for easier certification requirements. Defendants talk about potential abuses of the device, and the need for due process. Plaintiffs prefer the "entity theory" of class actions. Defendants… Continue Reading

When Incentive Awards Attack – Radcliffe v. Experian Info Solutions Inc.

Posted in Settlement

 Going through bankruptcy is traumatic enough; doing so and still having your credit report still list your discharged debts as "delinquent" is enough to drive some people to litigation. And that’s how several credit agencies found themselves on the receiving end of a series of Fair Credit Reporting Act class actions. In this case, the defendants… Continue Reading

Adequacy of Counsel, Attorneys’ Fees, and Malpractice – Wyly v Weiss

Posted in Lawyers

In 1998, the class action plaintiffs’ firm Milberg Weiss filed sued Computer Associates for violating the federal securities laws by lying about its revenues in order to increase its stock price. In a perfectly unremarkable development, it was appointed co-lead counsel of the consolidated class. (Various firms had filed a total of eleven complaints.) Over… Continue Reading

More on Fail-Safe Classes and Structural Flaws- Northside Chiropractic Inc. v. Yellowbook, Inc.

Posted in Certification

Northside Chiropractic doctor Michael Dubick made the mistake of–after a cold call from salesmen–buying advertising space in Yellowbook. He negotiated for a certain kind of advertisement, but the published ad looked nothing like what he had asked for, and lacked even basic information about his business (like his name). So he sued, and added class… Continue Reading

The Ten Most Significant Class Action Cases of 2011

Posted in Certification

 This was a busy year for class-action jurisprudence. Clearly, most of the Supreme Court cases had some effect on class action practice. But the district and appellate courts also rendered a host of rulings this year that significantly affect class-action practice. Despite what a number of academics and plaintiffs’ lawyers have claimed, the class action… Continue Reading

Classic Scholarship – Taking Adequacy Seriously

Posted in Certification

Today’s piece of "classic" scholarship is by Linda Mullenix, Professor of Law at the University of Texas. Published in 2004, Taking Adequacy Seriously: The Inadequate Assessment of Adequacy in Litigation & Settlement Classes, 57 Vand. L. Rev. 1687 (2004), took an in-depth look at the routine under-enforcement of Rule 23(a)(4)’s adequacy requirement. To put the… Continue Reading

What is “Willing and Able?”: Rattray v Woodbury County

Posted in Certification

 A number of courts have held that Rule 23(a)(4)’s adequacy requirement mandates two inquiries: (1) whether there are irreconcilable conflicts of interest between the class representative and the absent class members, and (2) willingness and ability of the representative to take an active role in and control the litigation and to protect the interests of absentees. The… Continue Reading