Houston law professor D. Theodore Rave’s new paper Settlement, ADR, & Class Action Superiority (forthcoming from the Journal of Tort Law) contains an interesting insight about class action practice: when you get right down to it, there is … Continue Reading
2013 did not offer the blockbuster docket in front of the Supreme Court that 2011 did, but that didn’t stop the Court from issuing a number of opinions whose effects will be felt for some time to come. In … Continue Reading
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 … Continue Reading
In her new article Symmetry & Class Action Litigation, 60 UCLA L. Rev. 1494 (2013), Connecticut law professor Alexandra Lahav has spotted what appears to be an interesting inconsistency in the way modern courts treat class action: despite case law to … Continue Reading
Yesterday, I received my author’s copy of Betting the Company: Complex Negotiation Strategies for Law & Business, which I wrote with old friend Andrew DeGuire of Johnson Controls, Inc. We’ve been informed that Amazon is now shipping orders (a … Continue Reading
Two plaintiffs’ firms filed nearly identical class actions against a dietary supplement company, alleging that one of its weight loss supplement didn’t work. The cases were filed within two weeks of each other, one in federal court (Branca v. … Continue Reading
Back in January, NERA Economic Consulting published yet another interesting paper, entitled Dynamic Litigation Analysis: Predicting Securities Class Action Settlements as a Case Evolves, by Dr. Ronald Miller.
Using the data NERA has collected on securities class actions … Continue Reading
… from November’s cases so far:
- CAFA has not changed the rule that a counterclaim cannot confer federal jurisdiction. Resurgent Capital Servs., LP v. Thomason, 2012 U.S. Dist. LEXIS (W.D. Mo. Nov. 5, 2012) (remanding case).
- Courts get