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What's New in Class Action Law?

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
January 12, 2010

U.S. Ninth Circuit Reverses District Court’s Denial of Certification in Breach of Warranty Case.

Written by Steve Herman
January 12, 2010

Eleventh Circuit Concludes, on rehearing, that CAFA does Not Require at Least One Plaintiff to Satisfy the Amount-in-Controversy.

Written by Steve Herman
January 12, 2010

Seventh Circuit Rejects Bright-Line Rule Prohibiting Certification of Consumer Fraud Classes, Affirming the Certification of a Six-State set of Sub-Classes.

Written by Steve Herman