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News & Developments »

Third Circuit Rules in Airborne Toxic Substances Case

The court read the “event or occurrence” CAFA exclusion broadly and explained that it can apply to an isolated moment in time.

Ninth Circuit Rules on Payment of Incentive Awards Issue

The plaintiffs alleged that defendant credit reporting agencies violated the Fair Credit Reporting Act and its California state-law analogues.

Quick and Complete Offer of Judgment May Foreclose FLSA Collective Actions

The Supreme Court reverses a Third Circuit decision regarding the Fair Labor Standards Act and lead plaintiffs.

Articles »

Supreme Court Reverses Class Certification in Comcast Corp. v. Behrend

By Andrew J. McGuinness

The Court held that it was an error for lower courts to refuse to scrutinize the proffered damages model because it would impermissibly invade the merits at class certification.

Class Actions 101: Surviving a Rule 12 Motion to Dismiss

By Christopher E. Roberts

In the wake of Twombly and Iqbal, here are five lessons to keep in mind when drafting your next complaint.

Ascertainability in Alleged Misrepresentation Cases

By Todd Willis

Defense counsel should attack class definitions early.

Sound Advice »

Multidistrict Litigation Process

By Greg Cook

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

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)

Understanding the Demand Futility Exception

By Jeff Gardner

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

 

Roundtables »

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 Members

Are you interested in publishing an article that will be read by the leading class action practitioners in the United States and Canada? Then the ABA Section of Litigation Class Actions & Derivative Suits Committee has just the right forum for you.

A Brief Guide to Removal

Matthew M.K. Stein and Abra C. Bron have provided a brief guide to the statutes governing federal jurisdiction and removal and related interpretative case law.