February 2, 2012 12:34 PM | Posted by Glover, Anthony |
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Bank v. Hydra Group LLC, 433 F. App'x 50 (2d Cir. 2011), involved a putative class action that claimed violations of the California Business & Professional Code related to the defendant’s unsolicited commercial e-mail advertisements. read more
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January 27, 2012 8:38 AM | Posted by Morande, Dean |
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January 12, 2012 5:13 PM | Posted by D. Matthew Allen |
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I bet the title got your attention. My friend, Mark Hermann, the Vice President and Chief Counsel – Litigation at Aon, and author of The Curmudgeon’s Guide to Practicing Law, has written an interesting article at abovethelaw.com. In reviewing Martin Redish’s book, Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit, Mark raises two topics sure to raise hackles at the class action bar. The first is the subject of Redish’s book, which is whether class actions are constitutional. What? I know. That’s what I thought too, at first. Here is what Mark calls a “misleadingly over-simplified” summary of Redish’s book. read more
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January 11, 2012 11:38 AM | Posted by Avi Robert Kaufman |
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In In re Florida Cement & Concrete Antitrust Litig., No. 09-23493-CIV, 2012 WL 12382 (S.D. Fla. Jan. 3, 2012), the plaintiffs sought certification of a class of indirect purchasers of ready-mix concrete who were injured by an alleged price-fixing conspiracy in the Florida concrete industry. The court found that the proposed class representatives had not purchased concrete from the defendants or had purchased concrete prior to the period in which the price-fixing is alleged to have occurred and therefore did not satisfy Rule 23’s typicality and adequacy prongs. Id. at *4-5. Notwithstanding, the court went on to evaluate the proposed class under Rule 23(b)(3)’s predominance and superiority requirements. Id. at *7. read more
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January 10, 2012 2:37 PM | Posted by Wiley, Jim |
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Friday, in D.R. Horton Inc. v. Michael Cuda, the NLRB issued a ruling that class action waivers of workplace claims can amount to an unfair labor practice under the National Labor Relations Act—that is, such waivers are unlawful. read more
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January 9, 2012 11:35 AM | Posted by Kate Celender |
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Despite the U.S. Supreme Court's finding in Concepcion, 131 S.Ct. 1740 (2011), that class action waivers in arbitration agreements are often unconscionable, it appears the waiver may live on. read more
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January 6, 2012 8:31 AM | Posted by Kathryn Christian |
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Eight circuit courts of appeals rendered 19 notable decisions addressing various issues under the Class Action Fairness Act (CAFA) in 2011, with the Seventh Circuit leading the way with five such decisions. Some show that forum shopping for class actions is alive and well. Others favor CAFA removal unless the plaintiff can show that it is “impossible” for the claim to exceed the jurisdictional amount-in-controversy threshold, while still others favored remands because removal statutes should be “strictly construed.” One decision relies upon Mark Twain for a grammar principle. There is only one dissenting opinion, but it is a very good one, citing the oft-used “duck test.” read more
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January 4, 2012 11:27 PM | Posted by Adam Koppel |
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According to a recent opinion by the Seventh Circuit, the answer is no. read more
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December 28, 2011 11:16 PM | Posted by Weiss, Aaron |
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Judge King Issues MDL order on Waiver of Arbitration. read more
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December 15, 2011 10:23 AM | Posted by Celender, Kate |
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Based on this recent ruling from the Georgia Court of Appeals, that number appears to be more than a single digit. read more
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December 15, 2011 9:20 AM | Posted by Celender, Kate |
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The Georgia Court of Appeals affirms a trial court's decision to deny class certification in a suit filed against a funeral home. read more
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December 15, 2011 8:47 AM | Posted by Celender, Kate |
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This past summer, the Northern District of Georgia granted an injunction against enforcement of Sections 7 and 8 of House Bill 87, the notorious Georgia Illegal Immigration Reform Enforcement Act, as requested by members of a class action. read more
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December 14, 2011 12:22 PM | Posted by Celender, Kate |
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The Northern District of Georgia shot down a proposed class action brought on behalf of Hispanic resident aliens on October 19th of this year. read more
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