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American Bar Association

Class Actions & Derivative Suits
Practice Points »

Ninth Circuit: Severance of Unconscionable Provision of Arbitration Clause Preferred When Feasible

The decision comes in case involving telecommunications giant Vonage and its VoIP service.

Second Circuit Rules in Gallego v. Northland Group, Inc.

The court finds that extremely low-value settlement fails 23(b)(3) "superiority" requirement.

Supreme Court Rules in Tyson Foods

The decision buries the argument that Rule 23(b)(3) class actions must be capable of classwide damages proof.

Articles »

Rule 23 Proposed Changes En Route

By Andrew J. McGuinness

An update on the latest committee meeting.

Keeping Plaintiffs in the Driver's Seat: The Supreme Court Rejects "Pick-Off" Settlement Offers

By Jonathan Uslaner and Brandon Marsh

The Court has held unequivocally that defendants cannot force piecemeal adjudications through such individualized offers.

Why the Rules Subcommittee Should Steer Clear of "No Injury" Class "Reform"

By James J. Bilsborrow

The real motive: to slice and dice class lawsuits and do away with consumer class actions entirely.

Sound Advice »

audio An Overview of Cy Pres Distributions of Class Action Settlement Funds

By Joel Neckers

Joel Neckers discusses cy pres distributions, recent developments in the law, and recommendations for including cy pres provisions in class action settlement agreements. (11:25 min)

audio Data Breach Class Action Cases

By Amanda Fitzsimmons

Amanda Fitzsimmons discusses the issue of standing in data breach class action cases and the importance of Remijas v. Neiman Marcus Group. (11:16 min)

audio The Current & Future of Class Action Notice Campaigns

By Nicholas D'Aquilla, Brennan Billberry, and Joe Juenger

The speakers discuss Mullane v. Central Hanover Bank & Trust Co. and how due process implications should be considered when designing a notice program to reach today's consumers. (12:33 min)

audio Five Practical Considerations for Defending Class Actions

By Ashley Bruce Trehan

Delving beyond the familiar Rule 23 factors, Ashley Bruce Trehan shares practical tips for representing a defendant in a class action case. (13:13 min)

audio Overview of Class Actions Settlements in the Federal Courts

By Margaret Lyle

Longtime litigator Margaret Lyle gives both a step-by-step review of the process and the history of class action settlements within the federal courts. (12:06 min)

audio Discovery of Electronically Stored Information (ESI)

By Jennie Lee Anderson

Jennie Lee Anderson suggests that when it comes to e-discovery, early planning and cooperation are key to building a successful strategy to best help your clients. (8:21 min)

audio Multidistrict Litigation Process

By Greg Cook

If you are involved in a multidistrict litigation case it may seem overwhelming—but fear not. Veteran litigator Greg Cook explains the process and rules regarding the Multidistrict Litigation Panel (MDL Panel). (8:12 min)

audio Numerosity as It Pertains to Class Certification

By Kathryn Honecker

Rule 23(a) has four elements that must be proven prior to class certification. Listen as Kathryn Honecker explains salient points of one of the elements—numerosity. (14:17 min)

audio Understanding the Demand Futility Exception

By Jeff Gardner

Jeff Gardner explains how this exception works and the ways in which it may affect your clients. (8:54 min)

Roundtables »

audio Early Case Assessment and Other Initial Stages of Complex Litigation

The early stages of complex litigation are often the most important in delivering a successful result for your client. This presentation will go through the critical preliminary steps litigators should take to ensure that their case gets off to the right start. (56:46)

audio Hey, CAFA, Is That a Class Action?: Mississippi ex rel Hood v. AU Optronics

This Roundtable examines the holding in this newly announced decision—and examines what the holding may mean for future parens patriae actions—and for other types of quasi-class actions or mass actions. It also examines the strategy impact of this new decision. (56:12)


audio The Supreme Court’s First Decision on the Class Action Fairness Act: Standard Fire Ins. Co. v. Knowles

The Supreme Court has issued its first decision interpreting the Class Action Fairness Act (CAFA). In a unanimous decision, the Court held that, prior to certification, a named plaintiff’s stipulation that the putative class would not seek more than $5 million did not defeat jurisdiction under CAFA. (1:01:03)

Announcements »

CADS' Events at the Section of Litigation Annual Conference

Join the committee in Chicago for this year's conference!

Deep Dive into the 2015 "Proportionality" Rules Amendments

We want to bring to your attention and encourage you to attend a ground-breaking program that the ABA Section of Litigation, in cooperation with Duke Law School, is taking to 13 cities over the next six months. Learn more.

Record a Sound Advice Podcast!

Do you enjoy teaching others about a topic but are short on time? If so, we have the perfect opportunity for you.

CADS Committee Updates Survey of State Law

The committee recently published its updated state law class action survey. The book is an excellent tool for in-house and outside counsel who litigate class actions in state forums.

Class Actions & Derivative Suits Leadership
Cochairs Web Editors Newsletter Editors

Kathryn A. Honecker

Scottsdale, AZ

Jennifer Bechet

Bentonville, AR

Ethan Brown

Los Angeles, CA

Mark D. Taylor

Dallas, TX

Michael K. Kim

Alexandria, VA

Jennie Lee Anderson

San Francisco, CA

Ben V. Seessel

Hartford, CT

Matthew Stein

Boston, MA

Robert J. Herrington

Santa Monica, CA

Tarifa Laddon

Los Angeles, CA