I recently published an article in the ABA Corporate Counsel newsletter, entitled “Strategies for Removal Under the Class Action Fairness Act.” It is intended to serve as a quick guide to removal under the Class Action Fairness Act
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.
Latest from Class Actions Insider - Page 16
Subrogation Class Action Involving Climate Change-Related Claims Filed By Farmers Insurance
Illinois Farmers Insurance Company and Farmers Insurance Exchange recently filed in the Illinois Circuit Court for Cook County a putative class action against various municipalities and the Metropolitan Water Reclamation District of Greater Chicago (see the Illinois Farmers v Metropolitan…
Motion to Deny Class Certification in Insurance Case Granted, in Part, By Michigan Federal Court
Insurers and other corporations defending against putative class actions often struggle with how to try to achieve an early resolution of a putative class action, and thereby reduce legal expense, when the case is not appropriate for resolution on a…
DRI Class Action Seminar 2014
The Defense Research Institute (DRI) is planning another excellent class action seminar to be held in Washington, DC on July 24 and 25, 2014 (see the seminar website). I’m on the committee that has been planning the seminar. Last…
“Late” Removal Under CAFA Permissible According to Second Circuit
In my July 9, 2013 blog post, I wrote about a Ninth Circuit decision allowing removals under the Class Action Fairness Act (“CAFA”) more than 30 days after service of the complaint, where the complaint and other documents received…
The Local Action Doctrine: Potentially Relevant to Property Insurance Cases?
Have you ever heard of the local action doctrine? The distinction between local and transitory actions? If you’re a lawyer, you might have heard something about this in law school. But perhaps not since then. The Supreme Court has not…
Supreme Court To Decide Whether Evidence Must Be Submitted With Notice of Removal: Dart Cherokee Basin v. Owens
Earlier this week, the U.S. Supreme Court granted certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (docket). The question presented is:
Whether a defendant seeking removal to federal court is required to include…
Class Action on Use of Staff Counsel: Dismissal Affirmed By Seventh Circuit
A while back I wrote a blog post on a district court ruling that an insurer did not have an obligation to disclose in its insurance policy that it would use staff counsel to defend the insured. The Seventh Circuit…
Use of a Settlement Offer or Offer of Judgment on the Named Plaintiff’s Claim to Defeat a Class Action: New Seventh Circuit Decision
Commentators have questioned whether, after the Supreme Court’s decision last year in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), a defendant could, by making a settlement offer or offer of judgment on a named plaintiff’s claim,…
Insurance Class Action on Polybutylene (PB) Piping: Magistrate Judge Recommends Denial of Motion to Decertify Class
I’ve written before (see my February 1, 2012 blog post) on a class action pending in the District of Arizona involving repair or replacement of polybutylene (PB) piping on property insurance claims. The policy language at issue provides that…