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Class Actions
Class Certification In Consumer Product RICO Cases, by
Ronni E. Fuchs and Thomas Kane.
Attempts to achieve class certification in putative consumer products class actions brought under the Racketeer-Influenced and Corrupt Organizations Act have met with mixed results. The stark contrast in two recent rulings demonstrates an uncomfortable truth about class action practice — the forum still counts, say Ronni E. Fuchs and Thomas Kane of Dechert LLP.
Non-Specific.
7 pages. Written:
2007. Added:
6-29-2008.
Portfolio Media, Inc.
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Class Actions
Product Defect Manifestation A Key Hurdle in Consumer Class Actions, by
Richard H.Silberberg, Christopher G.Karagheuzoff and Robert G.Manson.
Widespread consumer complaints about alleged inherent defects of a product might seem to present a plaintiff's dream scenario, the doctrine of defect manifestation has foreclosed such actions in case after case. This article describe how courts around the country have held that product defect class actions seeking economic damages must be rejected where the alleged defect has failed to manifest in either (1) the product(s) acquired by the named plaintiff(s), or (2) most of the products acquired by putatitive class members.
Non-Specific.
3 pages. Written:
2008. Added:
6-29-2008.
The New York Law Journal
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Class Actions
The Class Action Fairness Act of 2005:Where Have We Been and Where Do We Go From Here?, by
Fern P. O’Brian & Joshua I. Kaplan.
The Class Action Fairness Act went into effect just over two years ago and has been the subject of more than 240 federal court rulings. Authors review these opinions in this article, providing a thorough overview of the current state of class action practice.
Non-Specific.
8 pages. Written:
2007. Added:
3-13-2008.
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Class Actions
The Importance of Discovery from ‘Absent’ Class Members, by
Kent Yalowitz and Elizabeth A. Wells.
The decision of whether to certify a class is often the most important issue in a class action. Often, too, the stakes are extremely high at this stage, because the expense of preparing and trying a class action (and the risks of an unfavorable outcome) are generally magnified greatly as compared to an individual case.
Non-Specific.
2 pages. Written:
2007. Added:
3-13-2008.
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Alternative Dispute Resolution
Class Action Arbitration, by
Alfred G. Feliu.
Class action arbitration brings together the perceived efficiencies of class actions in multi-party litigation and in arbitration, an increasingly favored means of dispute
resolution. The marriage of these two means of dispute resolution has not, however, been uniformly applauded.
Non-Specific.
7 pages. Written:
2004. Added:
10-16-2007.
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Health Care
Selected Recent Developments In The Enforceabilty Of Arbitration Clauses In The Healthcare Context, by
Stephen D. Brody, A. Michael Warnecke.
This outline presents cases organized into five categories: (I)Antitrust & Other Statutory Claims; (II)Common Law Claims; (III)Class Actions & Consolidated Arbitration; (IV)Contract Formation Issues; & (V)Judicial Review Issues. The purpose of this outline is to demonstrate variety of alternative dispute resolution issues that arise in healthcare context.
Non-Specific.
8 pages. Written:
2007. Added:
8-02-2007.
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Class Actions
Disability, Disparate Impact, And Class Actions, by
Michael Ashley Stein, Michael E. Waterstone.
The Article argues that pandisability theory serves as an analogue to earlier notions of
panethnicity and provides an equally compelling heuristic for determining class identity. Article also provides some thoughts on challenging race- and sexbased
discrimination.
Non-Specific.
62 pages. Written:
2006. Added:
8-02-2007.
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Class Actions
Agency vs. Class Action in Advertising Litigation: Regulatory Compliance Defenses, by
Laurie Webb Daniel.
This article analyzes several defenses grounded in the common sense notion that it is job of the Food & Drug Administration, not lay tribunals, to make sure that pharmaceutical information is accurate & not misleading. The article then discusses how to lay groundwork for shaping these defenses in future appellate decisions in drug advertising cases
Non-Specific.
6 pages. Written:
2006. Added:
5-12-2007.
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Class Actions
Class Actions in the Health Care Industry, by
Frederick Robinson.
On March 7-8, Fulbright health care partner Rick Robinson spoke at the 2nd National In-House Counsel Forum on Defending & Managing Class Actions and Other Complex Litigation in San Francisco, California. The topic was "Class Actions in the Health Care Industry."
Non-Specific.
20 pages. Written:
2005. Added:
5-01-2007.
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Class Actions
Class Action Fairness Act's Minimal Diversity Standard Creates Presumption Of Federal Jurisdiction In Removals, by
Hunter Twiford, Anthony Rollo and John Rouse of McGlinchey Stafford PLLC.
In this article, CAFA Law Blog editors Anthony Rollo, Hunter Twiford and John Rouse conclude that, correctly interpreted, the Class Action Fairness Act's text, purposes, and legislative history create a presumption in favor of finding that Minimal Diversity Jurisdiction exists in interstate class actions, with the burden of proof on the party opposing jurisdiction.
Federal.
61 pages. Written:
2005. Added:
4-02-2007.
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Class Actions
The Class Action Fairness Act of 2005 and its Impact on Class Action Defense, by
Cristina Hernandez-Malaby.
The Class Action Fairness Act – enacted on February 18, 2005 – materially changed the
legal parameters, jurisdiction and venue, for class action litigation in the United States. Whether you view the changes as positive or negative may depend in large part on which side of the courtroom your client sits and the particular case.
Federal.
8 pages. Written:
2005. Added:
3-22-2007.
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Class Actions
Removing Pre-CAFA Cases under the Act, by
Shelley Smith and Bethany Biesenthal.
A jurisdictional analysis of pleading amendments on a case’s “commencement.”
This article will briefly describe the early
decisions under CAFA rejecting attempts
to remove pre-CAFA cases that had not
been amended after CAFA.
Non-Specific.
9 pages. Written:
2006. Added:
3-20-2007.
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Class Actions
Court finds a trap hidden in separation agreements, by
David K. Haase and John W. Drury.
It is common for employers to negotiate separation agreements with employees. The employee receives severance pay and in return waives any legal claims he or she may have against the employer any claim that the termination of employment is unlawful.
Non-Specific.
2 pages. Written:
2006. Added:
3-20-2007.
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Alternative Dispute Resolution
Courts Rule Consumers Cannot Challenge Arbitration Clauses Until They Are Invoked, by
Howard S. Suskin and Kathryn C. Newman.
Compulsory arbitration clauses have become as pervasive in cardholder
agreements as they are in securities brokerage contracts. The plaintiffs further alleged that the defendants conspired to impose mandatory arbitration clauses in their cardholder agreements to eliminate class actions and other litigation.
Non-Specific.
6 pages. Written:
2007. Added:
3-16-2007.
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Class Actions
The Class Action Fairness Act of 2005: The Federalization of Class Actions, by
Mark Trachtenberg, Haynes and Boone, LLP, Houston.
The Class Action Fairness Act of 2005 promises to dramatically impact multi-state class action practice. This Act expands federal jurisdiction over class actions, accelerates appellate review of orders granting or denying a remand, limits coupon settlements, and restricts other class action practices.
Federal.
3 pages. Written:
2005. Added:
3-16-2007.
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Corporate and Securities
Securities Litigation, by
Stewart Aaron, Arnold & Porter LLP.
A securities litigation attorney generally prosecutes or defends against all types of securities related claims. On the plaintiff side, litigation lawyers bring individual claims on behalf of investors or class actions on behalf of classes of investors. On the defense side, litigation lawyers defend against all manner of securities related claims.
Non-Specific.
14 pages. Written:
2005. Added:
3-13-2007.
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Class Actions
Killer Class Actions Your Company Can Win - U.S., by
Robert C. Heim, Dechert LLP.
No area of law is more challenging than high-stakes, “bet the company” class action litigation. On one side stands a defendant facing millions, sometimes billions, of dollars in damages if a single case goes badly. Like it or not, the prospect of one-shot, winner-takes-all trials is now a fixture on the American legal and business landscape.
Non-Specific.
15 pages. Written:
2005. Added:
3-09-2007.
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