|
|
-
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 Certification of Competition-Related Class Actions in Canada ( May 2006 )
Although the first class action legislation was enacted in Canada more than twenty-five years ago and class proceedings are now a national phenomenon, Canadian courts still have not stated clearly the manner in which certification principles will be applied to class proceedings alleg¬ing antitrust violations. -
On Friday, February 18, 2005, President Bush signed the Class Action Fairness Act of 2005 ("the Act") into law. Amazingly, the Act, which its supporters say will curb the ability of plaintiffs' attorneys to abuse the class action procedure, was introduced, debated and passed by both houses of the Legislature in a mere three-week period.
-
Business & Professions Code §17200 Reform Proposals, Past And Future ( October 2004 )
One of the striking things about Business & Professions Code §17200 is the number and variety of proposals that have been made to amend the statute over the years. As election day 2004 approaches, and voters have to decide whether to adopt this year's reform proposal, Proposition 64, they may ask themselves not only whether §17200 needs fixing, but also whether the current ballot initiative is the best solution. -
California Supreme Court Upholds Grant of Class Certification in Wage and Hour Class Action Case: Sav-on Drug Stores, Inc. v. Superior Court ( September 2004 )
California will likely remain a hotbed of class action litigation against employers in light of the California Supreme Court's unanimous opinion in Sav-on Drug Stores, Inc. v. Superior Court (Rocher), S106718, issued on August 26, 2004. The Supreme Court considered whether the trial court abused its substantial discretion in certifying as a class action a suit for the recovery of alleged unpaid overtime compensation due to 600 to 1,400 of Sav-on Drug Stores' "Operations Managers" ("OMs") and "Assistant Managers" ("AMs") in California. The Court held that the trial court did not abuse its discretion and reversed the Court of Appeal's decision to the contrary. -
An Analytical Framework for Opposing Class Certification Motions ( April 2004 )
In any proposed certification, the opponent can analyze the class definition for legal sufficiency. If the class definition is legally sufficient, the opponent can analyze the likely jury issues presented for trial in the cases of the absent class members, to formulate the jury issues that can be submitted in the class representative's case, and to ascertain whether the answers to those jury issues will enable the trial court to enter a final judgment in the cases of the absent class members. -
Recent Developments In Pharmaceutical and Medical Device Litigation: Are Class Actions Still Viable? ( May 2004 )
Attempts to certify classes in pharmaceutical and medical device cases tend to fail more often than they succeed. But new theories of injury and causation have emerged to make class cases appear more manageable. This article briefly considers recent trends in pharmaceutical and medical device class litigation.
Sponsored Links
