In prior blog posts, I’ve covered developments in the putative class actions against insurance companies in Georgia involving diminution in value on property insurance claims (see my March 11, 2016 post, for example). These cases stem from a 2012
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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DRI Class Action Seminar 2017
The Defense Research Institute (DRI) is once again hosting what is sure to be a superb and well-attended class action seminar this year, on July 20-21, 2017, in Washington D.C. The program will include, among other sessions:
- a presentation by
…
Thoughts on the Fairness in Class Action Litigation Act of 2017
A fair amount of attention has been given in the legal media to the Fairness in Class Action Litigation Act of 2017, H.R. 985, which has passed the House of Representatives and is currently under consideration by the Senate.…
Depreciation of Labor Costs Class Action: Nebraska Supreme Court Rules In Favor of Insurer
I’ve regularly followed on my blog key developments in the numerous class actions against the insurance industry involving the application of depreciation to the labor cost component of estimated replacement cost value in determining actual cash value under homeowners and…
Gorsuch on Class Actions: How Might He Compare to Scalia?
Justice Scalia made major contributions to class action law, writing the Supreme Court’s opinions in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend, two of the Court’s most significant class action decisions in this decade. Following President…
Supreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations
The U.S. Supreme Court recently granted certiorari in class action cases involving: (1) class action waivers in employment contracts; and (2) whether filing of a securities class action tolled a statute of repose. In both cases the questions presented are…
Ascertainability Not Required In Ninth Circuit, But Manageability Remains
One of the first significant class action appellate decisions of 2017 was issued this week. In Briseno v. ConAgra Foods, Inc., No. 15-55727 (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require that…
What Will The Courtrooms Of The 2020s Look Like?
I recently attended a presentation by futurist Michael Rogers that sparked me to think about what the courtrooms of the 2020s might look like. According to Rogers, one of the next big advances in technology will be augmented reality devices,…
Defending Class Actions in 2016
I thought readers might find helpful some broader observations on strategies for defending class actions in 2016:
- Dig in Deep Early: Some defense counsel are accustomed to the practice of filing a motion to dismiss in virtually every putative class
…
Labor Depreciation Class Action Update: Decisions on Class Certification
I have had a busy summer and am overdue in updating readers on recent decisions in class actions against insurers involving the “labor depreciation” issue. The issue involves whether, when insurers estimate the “actual cash value” of damage to real…