A few weeks ago, I had the distinct pleasure of participating in the DePaul Law Review’s 22d Annual Symposium: Class Action Rollback? Wal-Mart v. Dukes and the Future of Class Action Litigation. The Law Review staff assembled an impressive array of speakers, all thoughtful, all interesting, only one of whom spoke too fast. As
Dukes v. Wal-Mart
Ten Ways to Use Wal-Mart v. Dukes to Defend Class Actions
By The Editors on
Posted in Presentations
By the time you read this, I should either (1) be well over the Atlantic Ocean on my way back to Heathrow, or (2) stuck waiting for my flight while a snowstorm engulfs Boston’s Logan Airport. Either way, please enjoy the second of my presentations at DePaul. I think the slides here are pretty…
Why the “New” Rules of Class Actions Aren’t So New
By The Editors on
Posted in Presentations, Strategy
I’ve had an exhausting (but very fulfilling) US travel week. As a result, I have not yet gotten together my notes on DePaul’s Symposium on Class Action Rollback. My apologies; I will try to have a post on that later this week or early next.
Meanwhile, as a peace offering, please accept this…
More on Commonality – Jamie S. v. Milwaukee Public Schools
By The Editors on
Posted in Certification
Six months after the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, courts are still working out how best to apply the newly-clarified standard of commonality. This week, the Seventh Circuit offered some further guidance.
In Jamie S. v. Milwaukee Public Schools, the plaintiffs–seven disabled public-school students–challenged Milwaukee’s implementation of the Individuals with…
The Ten Most Significant Class Action Cases of 2011
By The Editors on
Posted in Certification
This was a busy year for class-action jurisprudence. Clearly, most of the Supreme Court cases had some effect on class action practice. But the district and appellate courts also rendered a host of rulings this year that significantly affect class-action practice. Despite what a number of academics and plaintiffs’ lawyers have claimed, the class action…
In re Zurn Pex – Daubert and Class Certification
By The Editors on
Posted in Certification
One of the key issues that many (including me) assumed would be resolve in Wal-Mart v. Dukes was the question of what kind of Daubert inquiry would be necessary at the class certification stage.
The 1993 case Daubert v Merrell Dow Pharmaceuticals, Inc., involved a challenge to the longstanding "general acceptance" test for scientific…
The Dukes Opinion – Commonality and Monetary Relief
By The Editors on
Posted in Certification
Today, the Supreme Court issued its much-anticipated opinion in Wal-Mart v. Dukes.
For those who like to skip ahead to the end to figure out whether their side won, the Court ruled in favor of Wal-Mart. That said, the real winner was the late Professor Richard Nagareda, whose articles on commonality clearly influenced Justice…
If You’re Not Sick of Wal-Mart v. Dukes Yet …
By The Editors on
Posted in Presentations
… Point of Law is holding a Featured Discussion on the issue, featuring Lester Brickman, R. Matthew Cairns, Jim Copland, Richard Epstein, Ted Frank, Myriam Gllles, Russell Jackson, and yours truly. Pop over; it should be an interesting discussion.
Judge Posner Provides Preview of Wal-Mart v. Dukes Ruling?
By The Editors on
Posted in Certification
Last week, while the legal world was abuzz over the Supreme Court argument on Wal-Mart v. Dukes, Judge Posner was quietly putting the finishing touches on Randall v. Rolls Royce, which provides his own take on some of the same issues.
As in Dukes, the plaintiffs sought to represent a class of…
Wal-Mart v Dukes – Postgame
By The Editors on
Posted in Certification
Yesterday was the long-anticipated oral argument in Wal-Mart v. Dukes. I’ve attached a copy here. Overall, the Justices were clearly prepared for the argument, although they–like almost everyone else–had trouble keeping all of the facts straight. A few highlights:
- Justices Ginsburg, Kagan, and Sotomayor took an early lead in questioning Ted Boutrous (who argued
…