This term, the Supreme Court will review several class action cases. In one of those, Genesis HealthCare Corp. v. Symczyk (technically, an FLSA collective action, but a ruling either way will likely have wider significance) it will decide whether a defendant can moot a class action by offering full relief to a class representative.
strategy
Book Review – World Class Actions Lives Up To Its Name
Back over the summer, I was approached to blurb Paul Karlsgodt’s now-published World Class Actions: A Practitioner’s Guide to Group and Representative Actions around the Globe, which I did happily. Here’s the text of the blurb:
World Class Actions is a comprehensive and practical look at everything a class-action litigator needs to know about
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Due Process and Class Action Defense
Defendants often argue that limiting the evidence they can produce in a class action violates their rights to due process. It’s an argument we take very seriously, but since it’s usually not the centerpiece of the argument, many defense arguments mention the concept briefly and then move on to the intricacies of Rule 23 or…
Posner on Scalia
Dreaded deadline doom on a few projects (and some actual paying work) means that, unfortunately, today’s post will have to be light on original content.
Fortunately, Judge Posner has an excellent review of Justice Scalia’s new book up at The New Republic, so I can just direct you there. It’s classic Posner…
Rhetoric – Crafting a Memorable Line
Busy week means that this will be a brief post. So I thought I might at least make it entertaining. Several members of the Cornell Department of Computer Science [http://www.cs.cornell.edu/] have published a paper in the Proceedings of the 50th Annual Meeting of the Association for Computational Linguistics titled You Had Me at Hello: How…
The Other Trends in the Mid-Year NERA Report
Last week, NERA Economic Consulting released its latest mid-year report on trends in class-action securities filings. The trend most are mentioning is the decline in the pace of securities settlements, coupled with the fact that settlement amounts remain high. But there are a number of other interesting observations that are worth mentioning. Among them:
Of
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Is the New Group Action Bill Cause for Concern?
Last week, Senator Al Franken (D-Minn) proposed a bill that would partially reverse the Supreme Court’s opinion in Wal-Mart Stores, Inc. v. Dukes.
According to Senator Franken’s press release, the Equal Opportunity Employment Restoration Act (good title) would add a section 4201 to 28 U.S.C.:
Section 4201(a) creates a new judicial
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Should Law School Be More Like War College?
I’ve written before about the current crisis in legal education. And I write from the perspective of an interested bystander. I like the idea of well-educated lawyers, but I also think that legal scholarship is often impractical and insufficiently strategic.
Moreover, it seems that the standard complaints about law school at this point are…
Five Ways to Mitigate the Crisis in Legal Education
In the past year, there has been a spate of criticism of legal education. The upshot: it’s too expensive, it doesn’t actually train new lawyers, and it produces a lot of scholarship of no use to practitioners or judges. Pair this rising criticism with rising educational costs and rising legal unemployment, and…
Dewey Lebeouf, Grand Strategy, and Bad Strategy
For the last three months, much of the law-firm world has been watching the slow-motion train wreck that was the dissolution of Dewey & LeBeouf. The legal blogosphere has written a lot about what the collapse means, and offered numerous theories about why Dewey failed so spectacularly in only a few months. Most focus…