Here are some of my “takeaways” from the ABA’s 2013 National Institute on Class Actions, held recently in Boston:
- Potential New Trends: Prof. Jack Coffee (who taught me years ago at Columbia Law School) predicted that we might see increasing
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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Declaratory Judgment Action Against Liability Insurer Held Removable Under Class Action Fairness Act (CAFA)
The Seventh Circuit recently held that a declaratory judgment action involving liability insurance coverage for an underlying class action, in which the insured’s rights under the policy had been assigned to a certified class, was removable to federal court under…
Full Offer of Judgment That is Not Accepted Does Not Moot An Individual Claim, According To the Ninth Circuit
A recent Ninth Circuit decision addresses a question left open by the Supreme Court’s decision this year in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013): Does an offer of full relief to the plaintiff under Fed.…
Does Evidence Need To Be Attached To A Notice of Removal Under the Class Action Fairness Act (CAFA)? Perhaps, According to a Tenth Circuit Dissent
A recent dissent from a denial of rehearing en banc in the Tenth Circuit suggests that a defendant may need to include evidence with its notice of removal under the Class Action Fairness Act (CAFA). This could heighten the burden…
Applying Comcast v. Behrend In An Insurance Class Action: District of Alaska Opinion
I’ve tried to make this a blog with national coverage. This post is my first venture to Alaska, which is about as far from my home in Connecticut as one can get and still be in the U.S. (except, I…
Class Action With Small Stakes And Potential Cy Pres Remedy Addressed By Seventh Circuit
Judge Posner of the Seventh Circuit, a prolific writer of class action opinions in recent years, recently wrote a new decision addressing whether a class action with small stakes could properly be decertified. The decision includes some extensive commentary on…
Burden of Proof Under Class Action Fairness Act: Ninth Circuit Interprets Standard Fire v. Knowles
One of the issues that lawyers debated after the Supreme Court’s decision in Standard Fire Ins. Co. v. Knowles (blog post) was whether the Court had effectively overturned precedent in the Ninth Circuit and Third Circuit on the…
CLE International Class Action Conference 2013
CLE International is holding its 9th annual conference on class actions on October 3-4, in Washington, DC. The top-notch program includes presentations on the Supreme Court’s 2013 decisions in Genesis Healthcare, Comcast v. Behrend, Standard Fire v. Knowles, as well…
Criteria for Rule 23(f) Discretion Addressed By D.C. Circuit
A recent decision by the D.C. Circuit has a thorough and interesting discussion of the criteria that the court applies in deciding whether or not to grant interlocutory review of a decision granting or denying class certification, under Fed. R.…
Predictive Coding: Insights from Federation of Defense and Corporate Counsel (FDCC) Annual Meeting
At the Federation of Defense and Corporate Counsel (FDCC) annual meeting, I recently attended an excellent program on predictive coding presented by Howard Merten of Partridge, Snow & Hahn in Providence, RI, Matt Nelson of Symantec, and Magistrate Judge Andrew…