Despite my best intentions, I have not been posting here as often as I would like in the past few months. But that does not mean that I have not been reading. So, in lieu of a long-winded analysis of some new tactic, trend, or article, please accept the following capsule reviews of three of
Robert Klonoff
Klonoff on Rule 23(b)(1)
By The Editors on
Posted in Certification
Rule 23(b)(1) is the forgotten stepchild in Rule 23 jurisprudence. Rule 23(b)(3) gets attention because it’s where the money is. Rule 23(b)(2) is essential to civil rights groups seeking injunctions, and drew attention from plaintiffs’ lawyers seeking an end-run around what they viewed as Rule 23(b)(3)’s more stringent requirements. But case law on Rule 23(b)(1)(A)…
Book Review – Class Actions & Other Multiparty Litigation in a Nutshell (4th Edition)
By The Editors on
Posted in Certification
A few weeks ago, I received a copy of the Fourth Edition of Class Actions & Other Multi-Party Litigation in a Nutshell in the mail. Since this is one of the "go-to" references for many practitioners, it seems worth discussion whether it’s worth the investment to pick up the new edition.
A few disclaimers before…
Challenging Class Action Experts – Walsh v Principal Life Ins Co
By The Editors on
Posted in Certification
The tactic is more common that one might imagine: when plaintiffs file their motion for certification, they may include an expert report from a noted law professor, testifying that their case is ideally suited for certification under Rule 23. Now, on one side of the certification debate, you have practicing lawyers zealously representing their client…