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

Tag Archives: settlements

Class Actions as ADR

Posted in Scholarship

 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 little functional difference between (1) a class action settlement, (2) an AT&T "gold-plated" arbitration clause, and (3) a customer… Continue Reading

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 Problem with Asymmetric Analysis of Class Actions

Posted in Scholarship

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 the contrary, courts often treat certification of a litigation class more rigorously than certification of a… Continue Reading

Reverse Auctions, Motions to Stay, and Legal Realism: Branca v. Iovate Health Sciences USA, Inc.

Posted in Motions Practice

 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. Iovate Health Sciences USA, Inc.), and one in California state court (Garcia v. Iovate Health Sciences… Continue Reading

Empirical Evidence of the Importance of the MTD in Securities Cases

Posted in Motions Practice

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 over 20 years, Dr. Miller comes to some interesting conclusions about motions practice in securities cases. Most… Continue Reading

A few brief lessons …

Posted in Settlement

 … 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 suspicious when parties widen the scope of a class action during settlement negotiations.  Smith v. Levine Leichtman… 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

The Other Trends in the Mid-Year NERA Report

Posted in Strategy

Last week, NERA Economic Consulting released its latest mid-year report on trends in class-action securities filings. The trend most are mentioning is the decline in the pace of securities settlements, coupled with the fact that settlement amounts remain high. But there are a number of other interesting observations that are worth mentioning. Among them: Of the cases that… Continue Reading