May 17, 2012 10:51 AM | Posted by Christina Calhoun |
Permalink
While much has been written on effective legal strategies used to combat class action lawsuits, research on their management from a business perspective has been scarce. A new survey by law firm Carlton Fields addresses this topic, providing information on best practices used by corporate counsel to reduce risk and cost. Now Carlton Fields is offering an interactive webinar to explain its survey and provide practical information. read more
|
May 7, 2012 1:24 PM | Posted by Glover, Anthony |
Permalink
In Ferrington v. McAfee, Inc., No. 10-CV-01455-LHK, 2012 WL 1156399 (N.D. Cal. Apr. 6, 2012), the court emphatically denied the plaintiffs' motion for final approval of a class action settlement . . . read more
|
April 12, 2012 9:17 AM | Posted by Morande, Dean |
Permalink
|
April 11, 2012 5:30 PM | Posted by Tinsley, Katie |
Permalink
Can migrant farm workers temporarily employed by a Florida citrus farmer bring a class action against their former employer in Florida? Would the putative class members have Article III standing to pursue a breach of contract and minimum wage claim? read more
|
April 11, 2012 4:24 PM | Posted by Williams, Amelia |
Permalink
In Bush v. Calloway Consolidated Group River City, Inc. d/b/a Five Guys Famous Burger & Fries, Defendant argued that the putative class did not meet the superiority requirement of Rule 23(b)(3) because the defendant’s potential liability for violating the Fair and Accurate Credit Transactions Act (“FACTA”), $100 - $1000 per defendant, could be “enormous and completely out of proportion to any harm suffered by the plaintiff.” 2012 WL 1016871, (M.D. Fla. March 26, 2012). read more
|
April 11, 2012 3:42 PM | Posted by Koppel, Adam |
Permalink
In Leibell v. Miami-Dade County, Nos. 09-1476, 09-683, 2012 WL 716155 (Fla. 3d DCA Mar. 7, 2012), the Third District Court of Appeal affirmed the denial of class certification to a purported class of property owners of the Venetian Islands in Miami challenging the assessment of an annual fee for the privilege of traversing the toll plaza. read more
|
April 11, 2012 11:34 AM | Posted by Kathryn H. Christian |
Permalink
In Gooch v. Life Investors Insurance Company of America, Nos. 10–5003, 10–5723, 2012 WL 410926 (6th Cir. Feb. 10, 2012), the Sixth Circuit noted that the district court improperly applied the "clearly wrong" standard in deciding class certification by assuming the class representative's allegations to be true and resolving all doubts “in the plaintiff's favor” while conducting what it called “[a] limited factual inquiry into the class allegations, including the deposition of the named plaintiff.” read more
|
April 11, 2012 11:24 AM | Posted by Kathryn H. Christian |
Permalink
In Rowling v. Nestle Holdings, Inc., No. 11-2445, 2012 WL 301030 (8th Cir. Feb. 2, 2012), the Eighth Circuit affirmed a district court’s order remanding a putative class action for lack of federal subject matter jurisdiction under the Class Action Fairness Act where the class action complaint contained stipulations indicating the amount in controversy was below the jurisdictional limit. read more
|
April 10, 2012 5:58 PM | Posted by Katherine Heckert |
Permalink
In Coneff v. AT&T Corp., the Ninth Circuit again considered the implications of the recent Supreme Court case, AT&T Mobility, Inc. v. Concepcion, to determine whether the Federal Arbitration Act preempted state law in Washington. Find out what the court found, after the jump. read more
|
April 10, 2012 5:43 PM | Posted by Katherine Heckert |
Permalink
In Janis v. Health Net, Inc., the Ninth Circuit Court of Appeals considered whether evidence that evidence of jurisdictional requirements could be considered where the evidence was not submitted at the time the notice of removal was filed. Find out whether such evidence may be considered, after the jump. read more
|
April 9, 2012 10:09 AM | Posted by D. Matthew Allen |
Permalink
How detailed must a class certification order be? Can the court essentially “punt” on describing the class or defining the class issues to be tried? The Seventh Circuit answered those questions in the opinion described below. read more
|
April 6, 2012 10:07 AM | Posted by D. Matthew Allen |
Permalink
Is a law firm seeking a portion of proceeds of a class action settlement a party for purposes of court approval of the attorney fee distribution? The Seventh Circuit says yes. Read on for details. read more
|
April 4, 2012 10:04 AM | Posted by D. Matthew Allen |
Permalink
If a state agency (such as a Department of Education) systematically fails to comply with its statutory obligations, can a class action be used to remedy the failure? It used to be the case that the federal judiciary thought that structural injunctions taking control of executive functions was sensible. But that was then, this is now. What do the courts now think? Read on to find out the Seventh Circuit’s perspective on this policy question. read more
|
April 2, 2012 10:00 AM | Posted by D. Matthew Allen |
Permalink
What happens when a plaintiff seeking class certification moves to exclude a defendant’s expert evidence on Daubert grounds? Can the district court allow the evidence to be admitted and “take it for what it is worth” in deciding the certification question? Read on to see what the Seventh Circuit said about this question. read more
|
March 29, 2012 5:39 PM | Posted by |
Permalink
Nearly half of corporate counsel surveyed plan to increase the use of alternative fee arrangements to improve cost certainty in 2012. Find out more in the upcoming class action survey by Carlton Fields to be released in April. read more
|
March 28, 2012 3:37 PM | Posted by |
Permalink
The internal organization of corporate legal departments and accountability for managing class actions makes a tremendous difference in the relative costs of class action litigation. Learn more in the upcoming class action survey by Carlton Fields to be released in April. read more
|
March 27, 2012 2:12 PM | Posted by |
Permalink
Corporate legal departments report that their companies dedicate an average of 5 individuals (3 of these are, on average, attorneys) to the ongoing management of class action suits. Additionally, corporate counsel report spending an average of 313.9 hours annually on individual class action lawsuits. Learn more in the upcoming class action survey by Carlton Fields to be released next month. read more
|
March 26, 2012 4:03 PM | Posted by |
Permalink
On the Rise: Corporate legal departments surveyed currently manage 4.4 class action suits, on average. That number is anticipated to increase incrementally to 5.4 in 2012. Learn more about the future of class action litigation from the perspective of corporate counsel in the new class action survey to be released in April by Carlton Fields. read more
|
March 26, 2012 10:48 AM | Posted by Celender, Kate |
Permalink
Upset that the local pharmacy is closing and transferred your prescriptions elsewhere? You're going to need more than that if you want to bring a class action. read more
|
March 22, 2012 5:34 PM | Posted by |
Permalink
Corporate counsel project at least a 13.2% decline in legal spending vis-à-vis class actions principally through, among other things, stricter management of outside counsel, increased compliance efforts, and changes to class action strategies. Learn about this trend and more when the new class action survey by Carlton Fields is released in April. read more
|