January 12, 2013
U.S. Supreme Court Confirms that Materiality in Fraud Case is a Common Question which Can and Should be Reserved for the Merits.
Written by Steve Herman
November 2, 2012
Louisiana Supreme Court Applies Article 596 as Written where the Classmember Elects to File His or Her Own Individual Action Prior to a Determination on Class Certification.
Written by Steve Herman
March 9, 2012
Louisiana Supreme Court Reverses Certification in Chemical Spill Case.
Written by Steve Herman
January 12, 2012
Seventh Circuit Holds that Plaintiffs’ Motion for an MDL-like Consolidation of State Actions which Included Provisions for Consolidated Trial Triggered the “Mass Action” Provisions of CAFA.
Written by Steve Herman
January 12, 2012
Ninth Circuit Approves Settlement Despite Defendant’s Involvement in Selection of Cy Pres Recipients and Use of Funds.
Written by Steve Herman
January 12, 2012
U.S. Third Circuit Rejects (in Settlement Class Context) Notion That Each Classmember Must Have a “Colorable” Claim.
Written by Steve Herman
December 29, 2011
U.S. Supreme Court De-Certifies Massive Wal-Mart Gender Discrimination Suit on Commonality Grounds; Rejects Allison test for “Incidental” Relief under (b)(2); and Defines Backpay as “Individualized” Damages.
Written by Steve Herman
December 29, 2011
U.S. Supreme Court Holds that Federal Arbitration Act Preempts California’s Unconscionability Rule re Class Arbitration Waivers.
Written by Steve Herman
December 6, 2011
Louisiana Supreme Court Applies Ford v. Murphy Oil to Case Brought by Landowners Asserting Contamination Claims.
Written by Steve Herman
January 12, 2011
U.S. Fifth Circuit holds that Class Arbitration is Not a “Class Action” within the meaning of CAFA’s Local Controversy Exception.
Written by Steve Herman