The Defense Research Institute (DRI) will be holding its annual class action seminar on July 23 and 24, in Washington, D.C. I’ve attended this program every year since its inception, and have served on the planning committee for several years.
Class Actions Insider
Class Actions Insider, published by Robinson & Cole LLP, focuses on developments and issues in class action litigation. The blog covers topics such as class certification standards, appellate decisions affecting class actions, strategies involving appeal bonds in class settlements, and procedural rules including potential amendments to federal class action rules. It also addresses jurisdictional questions under statutes like the Class Action Fairness Act and discusses litigation funding disclosures. The blog analyzes court rulings on consumer protection claims, insurance class actions, and the impact of individual issues on class treatment, providing insights relevant to both plaintiffs and defense counsel involved in class action practice.
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Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member Standing Issues Next Term
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which…
Rule 23 Subcommittee’s Proposed Amendments
The Rule 23 Subcommittee of the federal Judicial Conference Advisory Committee on Civil Rules recently issued a report with proposed amendments to Rule 23. These are at an early stage and far from final recommendations. Here are some brief descriptions…
Spokeo, Inc. v. Robins: Supreme Court to Decide Class Action Standing Issue
The U.S. Supreme Court recently granted certiorari in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSblog page), to decide whether a plaintiff who does not suffer any injury has Article III standing to sue for violation of a federal…
Use of Expert Testimony at Class Certification Stage Addressed By Third Circuit
The Third Circuit recently joined the Seventh, Eighth, and Ninth Circuits in holding that, where a Daubert challenge is made to the use of expert testimony in support of class certification, the Daubert challenge must be resolved at that stage.…
Expansion of Class Allows Second Removal Under Class Action Fairness Act, According to Ninth Circuit
It is important to remember that when a putative class action is remanded to state court under the Class Action Fairness Act (“CAFA”), that may not be the end of the jurisdictional battle. Developments in the case, or in the…
Third Circuit Clarifies Its Ascertainability Standard
Ascertainability is an implied requirement for class certification, not expressly addressed in Fed. R. Civ. P. 23. While there are different formulations of the requirement, in essence it requires that there be an adequate method for ascertaining who the class…
Labor Depreciation Class Actions Heating Up Across The Country
Class action litigation is spreading across the country involving the application of depreciation in calculating the actual cash value of property damage under homeowners and commercial property insurance policies. This blog post will be longer than typical, but I think…
Injunction in Aid of Class Action Settlement Addressed by Seventh Circuit
Defendants who are defending multiple class actions involving the same issue in different jurisdictions can sometimes be faced with a quandary when they want to settle. They might reach a settlement agreement with plaintiffs’ counsel in one of the cases,…
Comcast, Superiority, Predominance and Injunctive Relief Addressed in Recent Second Circuit Class Certification Opinions
The Second Circuit recently addressed a panoply of class certification issues in two opinions. Both decisions ruled in favor of the plaintiffs, but will help defendants tailor their arguments in future cases.
Roach v. T.L. Cannon Group, No. 13-3070-cv,…