Longtime readers may remember that last February I had the pleasure of participating in the DePaul Law Review’s symposium on Class Action Rollback. The article from that symposium will be appearing shortly in the DePaul Law Review, and a very late draft of it is now available at SSRN. Without further comment
self-promotion
Negotiation Studies – Three Quick Ideas
By The Editors on
Posted in Settlement
So, you may have noticed that posting has been slightly sporadic lately. There have been two big reasons for this: first, my daughter was born at the end of June, and blogging must sometimes give way to taking care of her; second, I have just delivered the manuscript for Betting the Company: Complex Negotiation Strategies…
Bonus Concepcion Article – BNA Insight on Arbitration
By The Editors on
Posted in Motions Practice
BNA’s Class Action Litigation Report has published an article by yours truly that adapts this post about arbitration post-Concepcion and tries to add a little more scholarly rigor.
They’ve also graciously allowed me to make it available here, where you can find it suitable for downloading, printing, and stuffing in the stocking of…
Bonus Case – Brown v. RJ Reynolds
By The Editors on
Posted in Certification
Late last year, the Eleventh Circuit ruled on the preclusive effect of a state-certified class action in federal court. The Federalist Society very kindly asked me to comment on it for their online journal Engage. It turned out to be a really interesting project, because what started out as an opinion about preclusion turned…
Just a soupcon more Concepcion
By The Editors on
Posted in Motions Practice
For those who are not yet suffering Concepcion fatigue from the many many many blog posts on the topic, I have a brief post up at the OUPblog on its effect on consumers.
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.
A Little More on Wal-Mart v. Dukes
By The Editors on
Posted in Certification
If you’ll forgive the second piece of self-promotion in a week: the Washington Legal Foundation (which keeps the always-interesting Legal Pulse blog) has just published a Legal Opinion Letter evaluating several of the arguments in favor of overturning the 9th Circuit’s Dukes v. Wal-Mart decision, written by yours truly.
I’ll be participating in a…
Frying Pans and Fires: When Government Investigations Turn Into Class Actions
By The Editors on
Posted in Presentations
Enron. The Toyota sudden acceleration MDL. The Microsoft antitrust class actions. There are no shortage of class actions that have arisen from government investigations of various kinds. But while seeing a class action complaint arrive on top of a government subpoena can be stressful, it’s not necessarily the end of the world. In…
Using the All Writs Act to Block Copycat Class Actions
By The Editors on
Posted in Discovery
Earlier this week, the Seventh Circuit, in an opinion by Judge Richard Posner, granted an injunction to Sears under the All Writs Act to block a class action that had been filed in federal court in California. The opinion, Thorogood v. Sears, Roebuck & Co., is noteworthy for a couple of reasons. First…