Dukes v. Wal-Mart: A Foreboding Class Certification Decision for Employers
James J. Oh of Littler Mendelson, P.C.
On June 21, 2004, a federal district court in San Francisco certified a nationwide class of approximately 1.6 million current and former female employees of Wal-Mart who claim sex discrimination in promotions and pay at Wal-Mart stores around the country. Dukes, et al. v. Wal-Mart Stores, Inc., 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 billion dollar employment discrimination case ever. The implications of this decision are profound and potentially frightening.
Defeating Class Certification: Showing How You Will Present Your Defense At Trial Is Crucial
Michael R. Blankshain and Michael L. McCluggage of Wildman, Harrold, Allen & Dixon LLP
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.
Cal. Fed. Ct. Remands Class Action Under Uniform Standards Act's Delaware Carve-Out
Cadwalader, Wickersham & Taft LLP
The United States District Court for the Southern District of California recently addressed two novel issues un.
Terazosin Hydrochloride Antitrust Litigation
Roger L. Cook of Townsend and Townsend and Crew LLP
In what has become known as the Hytrin generic drug patent antitrust litigation, the 11th Circuit recently vacated certification of the class because of the potential for significant conflict among class members. Specifically, the court held that wholesaler purchasers of Hytrin who experienced a net benefit from the allegedly illegal conduct could not be joined in a single class with those who had been harmed.
Class Action Fairness Act Tabled for 2004
Wells Marble & Hurst, PLLC
A bill that everyone thought would pass has been rejected by the Senate. The Class Action Fairness Act was aimed at the abuse of class action lawsuits but did not receive the majority votes that it needed to pass. The vote was 44-43. Therefore, it is a dead issue for this election year.
Usury--Class Action
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
General Electric Capital Corp. v. London Communications, Inc., No. 05-96-01744-CV, 1997 WL 403258 (Tex. App. - Dal.
Litigation Issues: What is a Class Action?
John Mercy of Mercy, Carter, Tidwell
Introduction Class action litigation is at the cutting edge of our legal system. A number of prominent cases have.
Canadian Class Action Law: A Flawed Model for European Class Actions
John H Beisner,Karl R. Thompson and Allison Orr Larsen of The Federalist Society
Activists urging European Union nations to adopt the class action device have recently begun citing Canada as a model. Like the United States, Canada has adopted formal class action rules that permit plaintiffs to bring class proceedings. And there is a perception that, to date, Canada has been spared the sort of rampant, U.S.-style class action litigation that has been widely criticized for imposing "huge, avoidable, and unnecessary cost[s]" on the economy.
Class Action Law in the State Courts of Nebraska is Undeveloped
Mark C. Laughlin of Fraser Stryker PC
In prosecuting or defending a class action in Nebraska state court or when making the determination as to whether or not to remove a class action from Nebraska state court to the federal court, one must take into consideration the vagaries of Nebraska state law regarding class actions.
The Future of Property Contamination Class Actions
Brent R. Austin and Rebecca Alfert of Wildman, Harrold, Allen & Dixon LLP
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.
Class Action Information
The class action is a forceful and effective way to combine the resources of many people who have been wronged in .
Recent Developments In Pharmaceutical and Medical Device Litigation: Are Class Actions Still Viable?
Brent R. Austin,Michael R. Blankshain and Brandon G. Hummel of Wildman, Harrold, Allen & Dixon LLP
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.
An Analytical Framework for Opposing Class Certification Motions
G. Luke Ashley of Thompson & Knight LLP
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.
11th Circuit Reins in Class Action Certification Under Federal Rule of Civil Procedure 23(b)(2)
Allan G. King and Kimberly R. Miers of Littler Mendelson, P.C.
In an important decision favoring employers, the Eleventh Circuit joined the ongoing debate among circuits regarding the procedure for certifying employment discrimination class action claims. In Cooper v. Southern Co., the court ruled that a class action, in which plaintiffs predominantly seek money damages, should not be maintained under Federal Rule of Civil Procedure 23(b)(2).
California Supreme Court Upholds Grant of Class Certification in Wage and Hour Class Action Case: Sav-on Drug Stores, Inc. v. Superior Court
Rod M. Fliegel and Traci I. Beach of Littler Mendelson, P.C.
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.
The Certification of Competition-Related Class Actions in Canada
Linda M. Plumpton,John B. Laskin and Amanda M. Kemshaw of Torys LLP
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.
Complex Litigation: Courts Are Closing The Door to the Expanding Availability of Class Status
Rosemary J. Bruno and Steven J. Santarsiero
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
Alison C. Conlon of Wildman, Harrold, Allen & Dixon LLP
Rule 23 of the Federal Rules of Civil Procedure requires judicial approval of class action settlements. Under Amchem Products v. Windsor, 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.
Class Action Wars: Where The Big Fish Feed
Julius Melnitzer of Lexpert
Lost in the media spotlight on demands by plaintiffs' lawyers seeking $52 million in fees in the $1.2 billion Hepatitis-C class action settlement is an unrelated and seemingly harmless decision involving an extra-judicial settlement offer made by Via Rail in the class litigation arising from a train derailment near London, Ontario. The Divisional Court's ruling in Brimmer v. Via Rail is the most recent face-off between two well-known protagonists of Ontario's class action bar, John A. Campion of the Toronto office of Fasken Martineau DuMoulin LLP and Harvey Strosberg, Q.C., of Windsor, Ontario's Sutts, Strosberg LLP.
Class Actions Protect Investors and Consumers from Abuse: An Overview of the Requirements for Prosecuting and Certifying a Class Action
Richard Alexander of Alexander Hawes LLP
This article details the process and requirements when trying to begin a class action lawsuit.
Class Action Fairness Act of 2005: New Bill Allows Some New Class Action Cases to Be Removed from State to Federal Court
Marlene S. Muraco and Christopher E. Cobey of Littler Mendelson, P.C.
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.