Earlier this month, I wrote about the class-action provisions of the new Fairness in Class Action Litigation Act, which has passed out of the Judiciary Committee and is headed for a floor vote in the House.  At the end of that post, I promised a further explanation of the mass action provisions as well.  These provisions are aimed primarily at multi-district litigation (MDL), which is rapidly becoming a substitute for class proceedings when dealing with numerous personal-injury claims.

Section 4 – would amend the federal jurisdiction statute, allowing the court to sever claims made by an in-state plaintiff if … Continue Reading

I haven’t commented much about the Supreme Court’s class action docket so far, largely because this year I was more focused on–in my own small way–trying to influence what it would be.  But now that my particular efforts are done, I thought I would focus on each of the cases before the Court this Term.  I don’t feel comfortable talking much about Standard Fire Ins. Co. v. Knowles, which addresses plaintiffs’ use of stipulations that limit class recovery to less than CAFA’s $5 million amount-in-controversy threshold, since I was on a team that assisted Ted Frank of the CCAF Continue Reading