The Madoff Ponzi scheme had far-reaching impact. How far? At least as far as Ireland and Luxembourg, each of which produced a number of plaintiffs in Trezziova v. Kohn (2d Cir. Sep. 17, 2013). In Trezziova, investors in a number of funds (the Thema International Fund PLC [], the Herald LUX Fund
forum shopping
When Plaintiffs Sell Out Absent Class Members – Thatcher v. Hanover Insurance Group
By The Editors on
Posted in Motions Practice
Today’s case, Thatcher v. Hanover Insurance Group (8th Cir. 2011) is another short one that nonetheless raises important issues for class action defendants. Allen Thatcher (or, rather, his attorneys) filed a class-action complaint in Arkansas state court against his insurance company. He alleged that the defendants did not pay insureds properly under the terms of…
Thorogood Followup: A Master Class in Plaintiffs’ Strategy
Paul Karlsgodt of Classactionblawg.com got there first (in a post that should win "Title of the Month" hands-down), but Judge Posner’s opinion yesterday denying rehearing (and announcing there will be no en banc rehearing) in Thorogood v. Sears Roebuck & Co. is still worth an extra post. Not just because Judge Posner discusses the…
CAFA Opinion Encourages Forum-Shopping – Cappuccitti v. DirecTV
By The Editors on
Posted in Motions Practice, Strategy
Followers of this blog have probably noted (and probably with some chagrin) that I rarely discuss just-released cases, because I’m more interested in what we can learn about the strategies in a case than breaking the latest legal news. This case, though, is different, because last week the Eleventh Circuit released an opinion on jurisdiction…
Forum-shopping in MDL Cases: Where Do Consolidated Cases Go?
By The Editors on
Posted in Motions Practice
Multi-district litigation is becoming more and more common in class actions, and has added another strategic dimension to the cases.
For plaintiffs it adds the question of which law firm should lead the consolidated litigation.
And, as should be clear by now, that is no small question for plaintiffs.
But the other issue it…
Supreme Court Rules That Rule 23 Preempts State Law Governing Class Actions
By The Editors on
Posted in Motions Practice
The Supreme Court issued an opinion in Shady Grove Orthopedic Associates v. Allstate Insurance Company yesterday.
The case stemmed from a class action that had been filed in New York state. The class action arose after a woman was injured in a car accident. She was treated by Shady Grove Orthopedic Associates (the plaintiff). To…