Articles
Survey of State Class Action Law: 2009 [NEW!]
The Class Actions and Derivative Suits Committee of the ABA’s Section on Litigation offers this survey as a tool for both in-house and outside counsel who confront the prospect of litigating class actions in state forums with which they may have little or no experience, and must make informed recommendations. The summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law.
Courts Closely Scrutinize Attorney Fees Awards in Claims Made Settlement
By Ashley Vinson
Courts are responding to a congressional call to action and are using their authority under Rule 23(h) to heavily scrutinize class action fee agreements.
Seven Steps to a Successful Class Action Settlement
By John B. Isbister, Todd B. Hilsee, and Carla A. Peak
Settlement of a class action is no different from the settlement of any litigation; however, the parties must observe certain procedures to bind absent class members.
Courts Deciding Class Certification Must Resolve "Dueling" Expert Testimony
By Margaret Lyle and Andrew Wirmani
Appellate courts are increasingly requiring trial courts to scrutinize expert testimony as part of their class-certification analysis.
Settlement of Class Action Claims is Enforceable Against Debtor in Bankruptcy
By Emily M. Yinger and Michael M. Smith
The global financial crisis led to sharp increases in bankruptcy filings and class action lawsuits.
In Re Tobacco II Cases: A Paper Tiger?
By Fred B. Burnside
In May, the California Supreme Court has clarified the effect of Proposition 64 on class actions under California's Unfair Competition Law.
By Ethan J. Brown, Esq. and Jason J. Kim, Esq
Seventh Circuit Court of Appeals’ decision prohibits plaintiffs from pursuing class actions seeking the rescission of loans under federal Truth-In-Lending Act. The recent opinion could have effect of allaying some of the highly-publicized troubles faced by lenders in the financial industry.
Plaintiffs Lawyers Unleash a New Antitrust Theory in Auction-Rate Securities Complaints
By J. Will Eidson
Two recently filed class action lawsuits in the Southern District of New York allege that 11 underwriters violated §1 of the Sherman Antitrust Act by conspiring to support, and then destroy, the market for auction-rate securities.
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.
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.
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.
