Class Actions & Derivative Suits Committee

Welcome to the Class Action and Derivative Suits Committee's website. The Committee consists of practitioners, corporate counsel and academicians interested in class actions and stockholder derivative suits. To the right-side of your screen is box entitled "Inside The Committee," which provides one-click access to the Message From The Chairs, which discusses recent and upcoming committee programs and other issues, numerous full-length articles and practice tips submitted by Committee members, and case notes (along with PDF copies) of the most recent and topical federal and state court class action and derivative suit decisions. Your participation in the Committee and this website is welcome. Email our Web Editors an article or case note for publication. Join our listserv to seek and share practical advice and commentary with other members of the Committee. Attend our renowned National Class Action Institute. For more information about the Committee, email any member of its leadership.

ABA Annual Programs
On Thursday, August 7th we will have a dutch treat dinner at 8:00 PM at Trattoria dell'Arte (900 Seventh Avenue, between 56th and 57th Streets). If you plan on attending, please RSVP to Lynda Grant by August 4th, so that we can get an accurate count.

On Friday August 8th from 2:00pm – 4:15pm, CADS is co-sponsoring "Don Giovanni, The Class Action: Donna Anna and Zerlina, on their own behalf, and as class representatives of 2,063 Jane Does, Masetto and Don Ottavio, Plaintiffs, v. Estate Don Giovanni and Leporello, Defendants". Join us for a mock trial based on Mozart’s opera Don Giovanni. Trained opera singers will perform portions of their testimony, as they illustrate the facts and legal issues the Court will consider to determine whether the 2,065 women seduced by Don Giovanni, should be certified as a class in a suit against Giovanni’s Estate and his assistant Leporello. An open issue under Rule 23 which has divided the circuit courts will be discussed.

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The Committee offers an e-mail based discussion group to allow members to communicate with each other about class action and derivative topics.

» Join the Email Discussion List
» Send a Message to the List

Moelis v Berkshire Life Ins. Co.

On May 22, 2008, the Massachusetts Supreme Judicial Court held that due process concerns precluded certification of a nationwide class of purchasers of “disappearing premium” insurance policies. The court also denied without prejudice plaintiffs’ alternative request to certify a statewide class because of individual statute of limitations issues.

A recent New York Supreme Court case held that an absent class member is not entitled to the files of co-lead counsel accumulated during the course of two consolidated federal class actions, nor was the absent class member entitled to attorney work product.

NERA Report finds that “Recent Trends in Shareholder Class Actions: Filings Return to 2005 Levels as Subprime Cases Take Off; Average Settlements Hit New High”.

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