Header graphic for print
Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: adequacy

How to Get a Settlement Denied, Part 2 – Better v YRC Worldwide

Posted in Settlement

 Settlement opinions are often not that interesting. The vast majority of them are by-the-numbers approvals of proposed settlements that offer little insight about how Rule 23 works. This is especially true of preliminary approval opinions. But every once in a while, a court refuses even the preliminary approval of a settlement.  When that happens, class… 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

Adequacy in non-class actions

Posted in Scholarship

The adequacy requirement of Rule 23(a)(4) tends to be under-studied and under-enforced.  That’s why it is always a pleasure to read new work on adequacy. Now, Professor Elizabeth Burch has published her latest discussion of the adequacy requirement: Adequately Representing Groups. Professor Burch focuses on the standard that should apply when attacking adequacy after the… Continue Reading

Intra-class Conflict Explained: Schlaud v. Snyder

Posted in Certification

 In 2006, childcare providers in the state of Michigan unionized, primarily so that they could negotiate state low-income subsidies with Michigan’s Department of Human Services. The vote to unionize was largely one-sided, but not unanimous. Similarly, few childcare providers voted against the subsequent collective bargaining agreement, which required participants in Michigan’s Child Development and Care… 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

The Real Problem with Settlement-Only Class Actions

Posted in Certification, Scholarship, Settlement

Fordham law professor Howard M. Erichson has a new paper up at SSRN on "The Problem of Settlement Class Actions."  Based on dicta in the Supreme Court’s opinion in Amchem Products, Inc. v. Windsor, courts have taken to certifying classes for settlement purposes only without worrying about "manageability," that is, whether the case could actually be… Continue Reading