Many class-action commentators (including this blog) spend much of their time focusing on class action in federal courts: what caselaw controls, what arguments tend to work. They spend far less time on what happens to those defendants who–for one reason or another–find themselves in state court. There are sound reasons for this. The fifty states
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Five Takeaways from the Duke Conference on Class Action Settlements
A few weeks ago, the Duke Law Center for Judicial Studies held a conference on class action settlements in San Diego, to discuss best practices in the wake of the likely Rule 23 amendments. Like all of its conferences, this one was held under the Chatham House Rule, which dictate that you can…
UK Antitrust Class Actions Start to Get Going
Brussels Antitrust/Competition partner (and English lawyer) Matthew Hall brings us an update on antitrust class actions filed under new procedures in the UK.
Antitrust class actions in the UK are beginning to take hold before the specialist Competition Appeal Tribunal (the “CAT”). The two filed to date show the possibilities at different ends of the…
Objectors: The Defense Lawyer’s Friend
I’ve been busy this week with a number of things, but a few of them, including the upcoming amendments to Rule 23 and prepping for a Strafford webinar on Thursday, have me thinking about the proper role of objectors again.
I think I’ve mentioned before that a number of class action lawyers (especially on…
Litigation Matters: The Curious Case of Tyson Foods v. Bouaphakeo
Just a brief update today. Last week, the latest edition of the Cato Supreme Court Review was published, and it included an article by yours truly entitled Litigation Matters: The Curious Case of Tyson Foods v. Bouaphakeo. Here’s the abstract from SSRN:
The general assumption when analyzing Supreme Court jurisprudence is that the
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Will Collective Arbitration Waivers Land in the Supreme Court Again?
The long-running battle over collective action waivers in the arbitration clauses of employment agreements continues to rage in the Courts of Appeals. Two recent decisions (and the cert petitions filed in their wake) may well lead the Supreme Court to consider once again the thorny relationship between the class/collective action mechanism and federal arbitration law.…
Common overcharges may not be so common
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The New Rule 23 Is Available for Public Comment
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Should MDL Judges Act More Like Class Action Judges?
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Court Finds Spokeo Closes Door on TCPA Claim
Telephone Consumer Protection Act litigators Sarah Zielinski, Laura Lange, and Shawna English bring us an update on the role the Supreme Court’s decision in Spokeo, Inc. v. Robins (previously covered here) played in the recent dismissal of a TCPA case in California federal district court for lack of standing. We’ll continue to…