Fordham law professor Howard M. Erichson has a new paper up at SSRN on "The Problem of Settlement Class Actions." Based on dicta in the Supreme Court’s opinion in Amchem Products, Inc. v. Windsor, courts have taken to certifying classes for settlement purposes only without worrying about "manageability," that is, whether the
Settlement
What Can Defense Lawyers Learn from Kentucky Bar Ass’n v. Chesley?
By The Editors on
Posted in Settlement
This week, the class action bar and legal blogs have been abuzz with the news that famed plaintiffs’ lawyer Stanley Chesley has been disbarred by the Kentucky Supreme Court, a development that will likely lead to his disbarment in his home state of Ohio as well. (PDF of opinion here.)
In the course…
Don’t Ignore the Plaintiff – Critchfield Physical Therapy, PC v. Techhealth Inc.
By The Editors on
Posted in Settlement
Today’s case, Critchfield Physical Therapy, P.C. v. Techhealth, Inc., 2013 U.S. Dist. LEXIS 13440 (E.D. Mo. Feb. 1, 2013), is a short one, but it contains a valuable lesson.
Critchfield filed a class action against Techhealth. The basis of the lawsuit was not important enough for the court to mention in this opinion. What…
How to Get a Settlement Denied – Tijero v. Aaron Bros., Inc.
By The Editors on
Posted in Settlement
In the Northern District of California, Judge William Alsup keeps a standing order informing attorneys of how he will evaluate any proposed class action settlements. Now, one of his fellow judges has joined him. While Tijero v. Aaron Bros., Inc., 2012 U.S. Dist. LEXIS 183238 (N.D. Cal. Jan. 2, 2013) is neither a standing…
Negotiation Studies – Pirates!
By The Editors on
Posted in Settlement
As one might expect from a holiday week, last week produced few class action opinions. On the other hand, the Economist had an excellent article on the peculiarities of bargaining with Somali pirates. Based on two working papers in the past year, it examines "how two parties bargain when neither has good information available."…
A few brief lessons …
By The Editors on
Posted in Settlement
… from November’s cases so far:
- CAFA has not changed the rule that a counterclaim cannot confer federal jurisdiction. Resurgent Capital Servs., LP v. Thomason, 2012 U.S. Dist. LEXIS (W.D. Mo. Nov. 5, 2012) (remanding case).
- Courts get suspicious when parties widen the scope of a class action during settlement negotiations. Smith
…
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…
Incentive Awards Explained – Espenscheid v. DirectSat USA, LLC
By The Editors on
Posted in Settlement
Today’s case, Espenscheid v. DirectSat USA, LLC (7th Cir. 2012) is a little tricky, procedurally. Three plaintiffs filed an FLSA class action (and collective action) against DirectSat USA, LLC. The Northern District of Illinois originally certified a class, but then decertified it, at which point the plaintiffs each settled on an individual basis.
Now, here’s…
Class Action Summer Camp – Rule 23(e) & Settlement
By The Editors on
Posted in Settlement
My apologies for missing last Thursday’s post: life with a newborn occasionally catches up with one. Nonetheless, finishing out our July Class Action Summer Camp, today we’ll focus on Rule 23(e) and class-action settlements. The vast majority of class actions settle, but because class-action settlements implicate so many different interests (the lawyers, the defendant…
Negotiation Studies – Incompletely Theorized Agreements
By The Editors on
Posted in Settlement
One of the unusual things about being an expat for a prolonged period of time is watching US news from the outside. Even though I have access to any number of American news outlets, being in a place where I am not surrounded by people who all share the same obsession with the 2012 Presidential…