Topic
Class Settlements
403 published works
Mass Tort Litigation Blog
Disaggregating
By joetort
I posted a new and likely controversial piece titled "Disaggregating" on SSRN today. As the abstract explains, the basic idea is that if courts can no longer resolve mass torts…
Class Action & Mass Torts
Don’t Overlook The Importance Of A Sound Notice Program In Settling Class Action Litigation
By Gerald L. Maatman, Jr. and Scott Pearson Although defendants often settle class actions to “buy peace” through class-wide releases, it is well-established that class releases will not be enforced…
Consumer Class Defense Blog
Second Circuit Decision Underscores Risk Of Aggressive Settlement Class Notice Programs
Although defendants settle class actions to “buy peace” through class-wide releases, it is well-established that class releases will not be enforced in certain situations, such as when notice to the…
The Contingency
AIG Securities Case Wins Class Okay . . . But Only Because It Settled
Um. Settling a class action case means you don't have to try it. But does making peace also mean you don't have to turn all the square corners of the…
Class Action Lawsuit Defense
Class Action Settlements — Res Judicata or Not?
Co-authored by: Rodger Eckelberry Defendants settle class actions, in large part, to buy peace. Without res judicata to bar future claims from the class members, a defendant is not getting…
Class Action Countermeasures
Class Action Summer Camp – Rule 23(e) & Settlement
By The Editors
My apologies for missing last Thursday's post: life with a newborn occasionally catches up with one. Nonetheless, finishing out our July Class Action Summer Camp, today we'll focus on Rule…
Drug & Device Law
Notes on Settlement Classes
By Bexis
This month, we’ve seen a couple of cases dealing with class action settlements and neither of them, frankly, leaves us with much confidence in the process. We’re referring to Dennis…
Class Action & Mass Torts
Ninth Circuit rejects class action settlement, clarifies standards for cy pres remedies and plaintiff counsel’s attorneys’ fees
By Anna McLean
In the recently published decision Dennis v. Kellogg Company, No. 11-55674, 2012 WL 2870128 (9th Cir. July 13, 2012), the Ninth Circuit reversed the district court’s approval of a purported…
Class Action Lawsuit Defense
Madoff Trustee Successfully Stops Two Class Actions From Proceeding
Baker Hostetler serves as court-appointed counsel to Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Securities LLC ("BLMIS"). In January of 2011, the SIPA Trustee obtained…
Class Defense Blog
Federal District Court: Attorneys Get Paid Even Though No Class Members Submitted Claims
One of the keys to our victory in AT&T Mobility v. Concepcion (the Supreme Court case holding that courts can’t refuse to enforce arbitration provisions on the ground that they…