|
|
-
The Evolution of Canadian Class Action Litigation ( June 2005 )
Class action litigation in Canada continues to be marked by rapid and ongoing evolution. Significant developments in the Canadian class action world occur almost on a daily basis. There have been developments in many areas. This article focuses on national class, securities class actions, developments in Quebec, and "criminal interest rate" actions. -
The California Supreme Court Leaves A Window Of Opportunity For Class Action Waiver Clauses In Employment Arbitration Agreements ( August 2005 )
On June 27, 2005, the California Supreme Court issued a long-awaited decision in Discover Bank v. Superior Court, Case No. S113725, and held that, "at least under some circumstances," class action and class arbitration waiver clauses in consumer contracts are not enforceable. Although Discover Bank may not represent the best of all possible results for employers, the California Supreme Court left open a window of opportunity for the use and enforcement of class action and class arbitration waiver clauses in the employment context. -
Class Actions and Collateral Estoppel ( July 2003 )
On June 20, 2003, the Seventh Circuit issued the most comprehensive opinion to date enjoining named and unnamed class members, and their counsel, from pursuing class certification in any other court based on a prior class certification denial. -
Indirect Purchaser Antitrust Claims on the Rise in New Mexico ( May 2003 )
Federal antitrust statutes provide a cause of action for price-fixing allegations only to direct purchasers from the alleged wrongdoer. Thus, if price fixing occurs among manufacturers of furniture, wholesalers can bring claims against the manufactures, but others in the chain of distribution, including consumers, may 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. -
Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules ( September 2002 )
The Class Action Subcommittee of the Advisory Committee on Civil Rules asked the Federal Judicial Center to examine the impact, if any, of the Supreme Court decisions in Amchem and Ortiz on the rate at which plaintiffs file class actions in federal courts. -
Class Certification Denied In $8 Billion Mold Case ( August 2001 )
A trial court in New York denied class certification of 495 plaintiffs who claimed personal injuries and trauma allegedly caused by exposure to mold. This summary reviews the arguments and strategy used in the trial. The case is Davis v. Henry Phipps Plaza South No. 116331 N.Y.Sup. N.Y.Co.. -
The Future of Mass Tort Class Action Litigation After Amchem Products, Inc. V. Windsor ( November 1997 )
This article discusses the Amchem Products, Inc. v. Windsor decision and how this decision has impacted the class certification of mass tort cases. -
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. -
Certification for Alien Healthcare Workers ( January 1997 )
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) amended the federal Immigration an.
