Articles

Update on Subprime Class Actions and Derivative Suits Trends

By Janet C. Evans
The crisis in the subprime (or mortgage-backed securities) market has spawned several types of class actions and derivative suits of which CADS members should be aware.

Calling All Experts: How the Second Circuit’s IPO Opinion Will Make Class Certification More Expensive

By Andrew Wilmar
No longer will district courts in the Second Circuit have discretion to defer decision on certain questions (e.g., reliance) that go directly to the merits of the case. The court of appeals ruled these questions must now be answered at the class certification stage, even if doing so requires resolution of complex factual disputes.

Between the Lines of Rule 23: Classwise Proof and Administrative Deference

By John H. Beisner
In analyzing a motion for class certification, two of the most important factors a court should consider are not explicitly enumerated in Rule 23 of the Federal Rules of Civil Procedure or the applicable state court equivalents. Rather, these two factors—classwide proof and administrative deference—are implicit in the predominance and superiority requirements of Rule 23.

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Engle v. Ligget Group—General Liability Findings Do Not Go Up In Smoke Despite a Decertification Ruling

By Stuart M. Feinblatt
This case, one in a long line of smokers’ class actions, appears on its face to be a sizeable victory for the tobacco industry. In setting aside a $145 billion punitive damages award as excessive, the Florida Supreme Court decertified a state class action on behalf of smokers who sought damages for injuries allegedly sustained by smoking.

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