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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. -
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. -
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.
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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. -
Dukes v. Wal-Mart: A Foreboding Class Certification Decision for Employers ( July 2004 )
On June 21, 2004, a federal district court in San Francisco certified a nationwide class of approximately <strong>1.6 million</strong> current and former female employees of Wal-Mart who claim sex discrimination in promotions and pay at Wal-Mart stores around the country. <em>Dukes, et al. v. Wal-Mart Stores, Inc.</em>, No. C 01-02252 (N.D. Cal. June 21, 2004). Not only does the size of the class dwarf other previous employment class actions, but this may also be the first <strong>billion</strong> dollar employment discrimination case ever. The implications of this decision are profound and potentially frightening.
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