Library Search
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Complex Litigation: Courts Are Closing The Door to the Expanding Availability of Class Status ( September 2003 )
Recent rulings in New Jersey state and federal courts suggest that Federal Rule of Civil Procedure 23 (b)(2) will not provide an easier route to class action status than Fed. R. Civ. P. 23(b)(3). These courts are enforcing express and implied limits to the availability of (b)(2) certification. -
Settlement Classes As Precedent In Litigation Classes ( September 2003 )
Rule 23 of the Federal Rules of Civil Procedure requires judicial approval of class action settlements. Under <i>Amchem Products v. Windsor</i>, 521 U.S. 591 (1997), class action settlements must meet all of Rule 23's requirements except manageability. Thus judicial approval of a settlement class can place defendants at risk of later having the settlement class cited as "precedent" for certifying litigation classes in other actions. -
The Future of Property Contamination Class Actions ( March 2003 )
While the contours of class action jurisprudence relating to personal injury product liability actions are well known, the record is somewhat less so for property contamination cases. A recent decision from the Southern District of Florida - Jacobs v. Osmose, ___ F. Supp.2d ___, 2003 WL 1060155 (S.D. Fla. February 25, 2003) - is a significant contribution to that record and helps further define the line of demarcation for proposed classes that satisfy Rule 23 and those that do not. -
Defeating Class Certification: Showing How You Will Present Your Defense At Trial Is Crucial ( February 2003 )
The right to present a full defense is crucial in every case, but it takes on special significance in the class action context. The courts have explicitly acknowledged what corporate defendants have long recognized; the decision to certify a class can coerce settlement of non-meritorious claims. -
Frequently Asked Questions--Mold and Fungus Claims ( October 2001 )
Common questions and answers in the area of mold and fungus litigation. -
Litigation Issues: What is a Class Action? ( October 2000 )
Introduction Class action litigation is at the cutting edge of our legal system. A number of prominent cases have. -
Cal. Fed. Ct. Remands Class Action Under Uniform Standards Act's Delaware Carve-Out ( May 2000 )
The United States District Court for the Southern District of California recently addressed two novel issues un. -
Class Action Information ( May 2000 )
The class action is a forceful and effective way to combine the resources of many people who have been wronged in . -
Class Actions Protect Investors and Consumers from Abuse: An Overview of the Requirements for Prosecuting and Certifying a Class Action ( September 1999 )
This article details the process and requirements when trying to begin a class action lawsuit. -
Usury--Class Action ( November 1997 )
General Electric Capital Corp. v. London Communications, Inc., No. 05-96-01744-CV, 1997 WL 403258 (Tex. App. - Dal.