Business & Professions Code §17200 Reform Proposals, Past And Future
Karl D. Belgum and Charles M. Dyke of Thelen LLP
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.
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.
How To Resolve Your Consumer Complaint: Self-Help or Class Action?
Richard Alexander of Alexander Hawes LLP
This article concerns two methods of resolving a consumer complaint, use of a class action suit or individual action.
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.
The Supreme Court Defines the Scope of Recovery in Actions Under California's Consumer Protection Act, Business & Professions Code Section 17200.
Hilary N. Rowen of Thelen LLP
This article summarizes two recent California decisions which define the scope of recovery in actions brought under the California Consumer Protection Act.
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.
Representative Actions: Access to Justice?
Laurel J. Harbour,Vivian W. Addam and Olivier Debouzy of Shook, Hardy & Bacon L.L.P.
Over the last six years the United States Congress, the U.S. Advisory Committee on the Civil Rules and the U.S. federal courts have tried to rein in some of the worst abuses of American class actions. In 1995, Congress passed the Private Securities Litigation Reform Act, which addressed problems with class actions claiming securities violations.
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.
General Motors Pickup Trucks Settlement Update June 21, 1999
Richard Alexander of Alexander Hawes LLP
This article provides further information on the class action settlement in favor of truck owners against General Motors.
National Employment Litigation & Policy Trends Continue To Raise Major Challenges For America's Corporate Employers
Shook, Hardy & Bacon L.L.P.
This Year In Review focuses on national employment litigation and policy trends that raise major challenges for AmericaÃÂs corporate employers. An understanding of these national trends will enable corporate counsel to address these developments in an effective manner.
Court Halts Overpayment Recoupment
Gabriel L. Imperato of Broad and Cassel
The United States District Court for the Northern District of Florida entered an Order on June 25, 1997 enjoining t.
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.
Class Actions and Collateral Estoppel
Rebecca Alfert of Wildman, Harrold, Allen & Dixon LLP
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.
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.
The Evolution of Canadian Class Action Litigation
F. Paul Morrison,Julie Chenette and R. Barry Fraser of McCarthy Tetrault
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.
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).
The California Supreme Court Leaves A Window Of Opportunity For Class Action Waiver Clauses In Employment Arbitration Agreements
Henry D. Lederman and Lisa C. Chagala of Littler Mendelson, P.C.
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.
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.
New Federal Y2K Act Reins in Year 2000 Lawsuits
Scott D. Patterson of Saul Ewing LLP
After several months of hard-fought legislative battles, Congress passed the far-reaching Y2K Act on July 1, 1999, .
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.
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.