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. Attend our renowned National Class Action Institute. For more information about the Committee, email any member of its leadership.

On May 18, 2009, the California Supreme Court issued its opinion in the long-awaited In re Tobacco II Cases, where it clarified the effect of Proposition 64 on class actions under California's Unfair Competition Law ("UCL"). The Court unanimously ruled that named plaintiffs need to plead and prove reliance to establish a UCL claim of misrepresentation or false advertising. A closely divided court (4-3), however, ruled that Proposition 64's standing requirements do not apply to absent class members. The latter issue is the focus of this article, which may prove to be the more controversial, and which may more often than not be ignored by the federal courts.

Chief Judge Scirica of the Third Circuit delivered the opinion of the court in In re Hydrogen Peroxide Antitrust Litigation. Coming as it does from Judge Scricia, who is a member of the Advisory Committee on Civil Rules, has served as chairman of the Judicial Conference’s Standing Committee on the Rules of Practice, and is Chair of the Judicial Conference Working Group on Mass Torts, the opinion has considerable weight.

Cornerstone Research issues report showing that the value and number of federal securities class settlements declined in 2008.

» View the Report |