January 12, 2006
Several Circuit Courts Shift Burden to Plaintiff to Prove that the Local Controversy Exception under CAFA Applies.
Written by Steve Herman
January 12, 2006
Third Circuit Remands Certification Due to District Court’s Failure to Identify the Specific Claims, Issues or Defenses Subject to Class Treatment.
Written by Steve Herman
January 12, 2006
Seventh Circuit Stresses Responsibility of District Court to Appropriately Assess Value of Claims in Considering Fairness of Settlement.
Written by Steve Herman
January 12, 2006
Seventh Circuit Wrestles With Itself Over the Question of When an Amendment to State Court Pleadings Qualifies as a “Commencement” for CAFA Removal Purposes.
Written by Steve Herman
January 12, 2006
Ninth Circuit Discusses “Mass Action” Provisions in CAFA.
Written by Steve Herman
January 12, 2006
First Circuit Refuses to Enforce Classwide Arbitration Ban.
Written by Steve Herman
January 12, 2006
Fifth Circuit Holds that Addition of Unrelated Defendant Constitutes “Commencement” for CAFA Removal Purposes.
Written by Steve Herman
January 12, 2006
U.S. Supreme Court Rules that SLUSA Preempts State Law Claims for Fraudulently Inducing Plaintiffs to Hold on to Securities.
Written by Steve Herman
January 12, 2006
Divided Sixth Circuit Panel Follows Allison.
Written by Steve Herman
January 12, 2006
Oregon Supreme Court Applies Inference of “Reliance” or Causation in Punitive Damage Case Against Tobacco Industry.
Written by Steve Herman