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

Tag Archives: Judge Posner

Predominance & Rigorous Analysis – Parko v. Shell Oil Co.

Posted in Certification

 Judge Richard Posner has always been an independent thinker, something he has proven in the last year as, despite his economically conservative credentials (which would lead one to presume a possible defense bias), he authored a number of arguably pro-plaintiff class certification opinions, particularly his twin opinions in the controversial case Butler v. Sears Roebuck… Continue Reading

Cy Pres in Contested Class Certification – Hughes v. Kore of Indiana Enterprise Inc (7th Cir 2013)

Posted in Certification

 Judge Posner is often considered to be a pro-defense jurist, particularly in the area of class actions. Lately, he’s been proving himself to be more independent-minded than that. First, he allowed certification of a washing machine class, justifying certification despite some outcome-determinative individualized issues because predominance is a matter of "efficiency," and should not be reduced… Continue Reading

Confidential Witness Confidential II – City of Livonia Employee Retirement Sys. v. Boeing Corp.

Posted in Motions Practice

Two years ago, I wrote about the difficulties defendants face when securities plaintiffs invoke confidential witnesses in their complaints. The case that prompted that discussion, City of Livonia Employee Retirement System v. Boeing Corp., now has a sequel. As it turns out, both parties appealed the opinion below: the plaintiffs because the court below had… Continue Reading

Posner on Scalia

Posted in Strategy

 Dreaded deadline doom on a few projects (and some actual paying work) means that, unfortunately, today’s post will have to be light on original content.   Fortunately, Judge Posner has an excellent review of Justice Scalia’s new book up at The New Republic, so I can just direct you there.  It’s classic Posner, and includes… Continue Reading

Incentive Awards Explained – Espenscheid v. DirectSat USA, LLC

Posted in Settlement

Today’s case, Espenscheid v. DirectSat USA, LLC (7th Cir. 2012) is a little tricky, procedurally. Three plaintiffs filed an FLSA class action (and collective action) against DirectSat USA, LLC. The Northern District of Illinois originally certified a class, but then decertified it, at which point the plaintiffs each settled on an individual basis. Now, here’s the… Continue Reading

Two Views of Comity in Class Actions

Posted in Certification

 Last week, there were two appellate opinions, one from the Seventh Circuit and one from the Tenth, that are worth some attention. They’re worth discussing together as well, because while only one is really helpful for defendants, both discuss different conceptions of how to argue comity in class actions. The first is Smentek v. Dart (7th… Continue Reading

Book Review – How Judges Think

Posted in Motions Practice

A few years ago, I attended an oral argument with a colleague. (He was there to argue a substantive motion in our case, I was there to take on the class-related issues.) It turned out we were in front of a hot bench that day: the judge clearly had formed several opinions of the case,… Continue Reading

Classic Cases – Culver v. City of Milwaukee

Posted in Certification

 Culver v. City of Milwaukee dealt with allegations of race discrimination–specifically, a white man who claimed he had been denied a job application at the Milwaukee police department because it was not accepting white males the year he applied. The trial court certified his proposed class (which consisted both of white men who had allegedly… Continue Reading