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The End of Federal Injunctions of State Certification?

By Stuart M. Feinblatt

A recent Supreme Court ruling suggests that federal courts are never authorized to enjoin state-court, class-action proceedings, at least under the re-litigation exception.

What You Need to Know about Wal-Mart v. Dukes

By Stephen G. Harvey and Angelo A. Stio III

Wal-Mart undercuts the advantages of the class action from the perspective of plaintiffs and their lawyers.

Statistical Analysis and Wal-Mart v. Dukes

By Chip Hunter

The Wal-Mart decision sharpens the focus on the use of economic and statistical expert analysis and testimony in class certification.

Fraud on the Market Is Reaffirmed in Halliburton

By Travis Neal

After Wal-Mart, plaintiffs' proffers of evidence will be subject to a rigorous analysis, and their expert witnesses must meet Daubert standards.

Employment Law and Class-Action Waivers

By David A. Prahl

Despite the flood of new pro-arbitration decisions, courts have declined to extend Concepcion in some contexts, and the decision's lasting impact is unclear.

Consumer Protection and Employment Cases after Concepcion

By Kirsten Scott and Nicole D. Reynolds

Class-action prohibitions in arbitration clauses have become commonplace not only in consumer agreements but also in the employment context.

Settlement Allows Claim Review Instead of Monetary Relief

By Michael Walker

An Eleventh Circuit case addresses the availability of multiple forms of fees to class counsel, injunctions against competing suits by opt-out class members, and more.

The Perils of Collecting Information at the Register

By Austin V. Schwing and Matthew S. Kahn

A practice at one time widely considered legal under California's Credit Card Act—collecting customers' ZIP codes—is now unlawful under certain circumstances.

Trends in Federal Privacy Class-Action Settlements

By Kristin Shepard, Diane Duhaime, and Scott Byers

Given the potential for privacy breaches to have an impact on large groups of individuals, many privacy lawsuits are brought as class actions.

Proving Damages in Database-Breach Class Actions

By Alan R. Poppe

Many victims of database breaches point fingers at the entities holding their information, complaining that too little is being done to safeguard it from theft.

Suing over Data Privacy and Behavioral Advertising

By Ian C. Ballon and Wendy Mantell

Data-privacy suits may be viewed as a cost of doing business in a digital economy. How a company responds may determine how many more suits get brought against it.

Class Actions 101: Rule 23(b)(2) or (b)(3)? Does It Matter?

By Kathryn A. Honecker and Kevin Hanger

Here are answers to common questions concerning the differences between the two class types, when each should be requested, and more.

Class Actions 101: Amended Rules for MDL Take Effect

By Sabrina Strong, Matt Powers, and Justin Mates

MDLs involve their own set of unique motions, procedures, and filing requirements, all governed by the rules of procedure of the U.S. Judicial Panel on Multidistrict Litigation.

The Moench Presumption in ERISA Stock-Drop Litigation

By Michael A. Valerio and Ben V. Seessel

The Moench presumption the fiduciary duties imposed by ERISA, Congress's intent to encourage employee stock ownership, and principles of trust law.

Nothing Is Certain in Overdraft Fee Litigation

By Amy L. Brown

Even if one can argue that the financial crisis is now drawing to a close, the litigation that it spawned—including overdraft litigation—will likely be with us for some time.

Bank Employee Retirement Savings and the Mortgage Meltdown

By Catha Worthman

While some workers have recovered losses through breach of fiduciary duty suits, others are hitting obstacles, and their savings may be a casualty of the economic downturn.

The Next Hot Spot for Australia's Class-Action Industry

By S. Stuart Clark, Ross McInnes, and Mikhail Glavac

A new class-action procedure New South Wales will allow a broader range of claims to be brought as class actions and put the state on the class-actions radar.

Florida Considers Unconscionability in Class-Action Waivers

By Benjamin Kelley and Jamy Dinkins

The Florida Supreme Court heard oral argument in Pendergast v. Sprint Nextel Corp., which considered public-policy exceptions to class-action waivers in arbitration clauses.

BP, Exxon Valdez, and Class-Wide Punitive Damages

By Nimesh R. Desai

Exxon Valdez offers important lessons for the BP litigation, particularly in regard to class-action practice and procedure.

Third Circuit Again Rejects National Class-Action Settlement

By Michael D. Donovan, Esq., and Elise Garber

The court vacated final approval on the grounds that the lower court "applied the wrong legal standard" to find that the class representatives were "adequate."

 

Ten Points from Dukes v. Wal-Mart Stores

By Daniel M. Hutchinson

The court held that this was no different from any other employment discrimination class action, so why should practitioners care?

 

Class Actions 101: MDL for Beginners

By Greg Cook and Jocelyn D. Larkin

What do you do when your class action is transferred and consolidated with other class actions?

 

Trends and Developments in Australian Class Actions

By S. Stuart Clark, Ross McInnes, Alexandra Kennedy-Breit

Where the Australian rules deviate from the American rules, they do so mostly in ways that favor class actions.

Global Class Actions: Lasting Peace or Ticking Time Bombs?

By Todd B. Hilsee

When U.S. courts supervising class actions elect to exercise jurisdiction over foreign nationals, it is no easy decision.

The Italian Class Action

By Micael Montinari and Dorella Concadoro

Before Law 99/2009 was enacted, Italian law did not provide consumers with class action, despite several parliamentary attempts in recent years.

Ninth Circuit Approves Preemptive Denial of Class Certification

IBy Thomas Gilson and William Voit

In Vinole v. Countrywide Home Loans, the court has ruled class-action defendants may raise issue of class certification preemptively.

Survey of State Class Action Law: 2009 | 

A Report of the State Laws Subcommittee of the Class Actions and Derivative Suits Committee

Courts Closely Scrutinize Attorney Fees Awards in Claims Made Settlement

By Ashley Vinson

Seven Steps to a Successful Class Action Settlement

By John B. Isbister, Todd B. Hilsee, and Carla A. Peak

Courts Deciding Class Certification Must Resolve "Dueling" Expert Testimony

By Margaret Lyle and Andrew Wirmani

Settlement of Class Action Claims is Enforceable Against Debtor in Bankruptcy

By Emily M. Yinger and Michael M. Smith

In Re Tobacco II Cases: A Paper Tiger?

By Fred B. Burnside

Federal Appeals Court Prohibits Rescission Class Actions Under Truth-In-Lending Act | 

By Ethan J. Brown and Jason J. Kim

Plaintiffs Lawyers Unleash a New Antitrust Theory in Auction-Rate Securities Complaints

By J. Will Eidson

Update on Subprime Class Actions and Derivative Suits Trends

By Janet C. Evans

How the Second Circuit’s IPO Opinion Will Make Class Certification More Expensive  | 

By Andrew Wilmar

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

By John H. Beisner

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

By Stuart M. Feinblatt

Young Lawyers

Class Actions 101: Amended Rules for MDL Take Effect

By Sabrina Strong, Matt Powers, and Justin Mates

MDLs involve their own set of unique motions, procedures, and filing requirements, all governed by the rules of procedure of the U.S. Judicial Panel on Multidistrict Litigation.

Class Actions 101: MDL for Beginners

By Greg Cook and Jocelyn D. Larkin

What do you do when your class action is transferred and consolidated with other class actions?

Class Actions 101: Can I Appeal this Class Certification Order?

By Jocelyn D. Larkin

Federal Rule of Civil Procedure 23(f) provides for the interlocutory appeal of class certification decisions.

Class Actions 101: How Do I Get this Class-Action Settlement Approved?

By Jocelyn D. Larkin

Settling a class action can be a complex and daunting task. Here's a quick primer for new lawyers.

Class Actions 101: Getting Appointed Class Counsel

By Jocelyn D. Larkin

This article addresses the basics of class counsel appointment, as well as the role that defense counsel has in this critical process.

Class Actions 101: When and How Do I Send Class Notice in Federal Class Actions?

By Jocelyn D. Larkin

This FAQ answers common questions about sending class notice in federal cases.