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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 Ethical Considerations Regarding Class Action Settlements

By Patrick Lewis

Baker Hostetler's Patrick Lewis explores key ethics considerations that arise when parties seek to settle class action disputes.


audio Experts in Class Actions and Derivative Suits

By Curt Hineline

Although most litigators would view destroying an opposition expert witness in a deposition as a good thing, veteran litigator Curt Hineline says that may not be the case.


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.



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 »

Third Annual Western Regional CLE Program on Class Actions and Mass Torts

Please join us in San Francisco!


May 17: CADS Committee Call

Please join us Tuesday, May 17, at 12 pm (PDT); 1pm (MDT); 2 pm (CDT); and 3 pm (EDT).


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.



 
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