Court Rejects Proposed Class Action Settlement
Weil, Gotshal & Manges LLP
This article examines Polar International Brokerage Corp. v. Reeve, 1999 U.S. Dist. LEXIS 7223, 1999 WL 311817 (S.D.N.Y. May 17, 1999).
California Supreme Court Hears Argument on SCE/CPUC Settlement
Steven F. Greenwald of Davis Wright Tremaine LLP
On May 27, 2003, the California Supreme Court heard oral argument from Southern California Edison Company (SCE), the California Public Utilities Commission (CPUC) and The Utility Reform Network (TURN) on three issues that the United States Court of Appeals for the Ninth Circuit has certified for its review.
ISNI to Oppose GE/Innoserve Settlement
Ronald S. Katz of Coudert Brothers LLP
If I recall my American history correctly, one of our founding fathers said of the colonies before the revolution something to the effect that we should all hang together or else we will surely hang separately. Unwittingly that founding father was also stating the basis for modern-day trade associations, which provide the strength in numbers to accomplish things that individual members either cannot or do not want to do.
Post-Settlement Disputes--U.S. Supreme Court Decision Suggests Arbitration Clauses in Settlement Agreements May Be the Only Way to Avoid a Post-Settlement Trial
Raymond L. Sweigart of Pillsbury Winthrop Shaw Pittman LLP
A recent unanimous decision by the United States Supreme Court in the trademark infringement case of Digital Equip.
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.
Size of D&O Settlements Exploding
Dan A. Bailey of Arter & Hadden LLP
Prior to a couple of years ago, it would have been difficult to identify any settlement or judgment of more than $100 million in a "typical" D&O lawsuit. However, since mid-1999, the size of D&O settlements, particularly in securities class action lawsuits, has increased dramatically.
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.
The "Other" Costs of Securities Class Action Settlements
Rudolph F. Pierce and Richard J. Rosensweig of Goulston & Storrs
It is no secret that the costs of settling securities class actions are high and continue to rise. The numbers are clear: prior to the adoption of the Private Securities Reform Act by Congress in 1995, the average class action settlement was under $7 million; by 2003 the average exceeded $25 million.
Should I Hire An Attorney?
A Good Law Firm
After an automobile accident, many ask, "Should I hire an attorney?" Some answer, "No, I can work a good deal with.
The Business of Litigation Support
Julius Melnitzer of Lexpert
Litigation support, it turns out, is no more confined to expert witness testimony than the solar system is to Earth. Earth is what we know most about and it's where our understanding begins. However, everything doesn't revolve around us and we're steadily becoming an incrementally smaller part of something much larger that's constantly expanding.
United States Supreme Court Hears Challenge to Twenty-Year Old Agent Orange Class Action Settlement
Jerry P. Sattin of McCarter & English, LLP
On February 26, the United States Supreme Court heard argument in a case with far-reaching implications for any company that has been a party to a mass tort class action settlement or may in the future be a party to mass tort litigation. The Court's decision, expected to be announced by the end of the 2002-03 term, will address whether a plaintiff may challenge a twenty-year old class action settlement which was challenged twice before on the same ground, and where the challenge was rejected twice before both by the district and appellate courts.
Recent Settlements for Enormous Monetary Sums Highlight the Risks for Employers in Employment Cases
Derek Langton of Parsons Behle & Latimer
Two recent settlements, one by the Coca-Cola Company and another by Microsoft Corp., both for enormous sums of money, highlight the ever-present risks faced by defendant employers in employment cases.
Recent Asbestos Litigation
Onebane Law Firm
The U.S. Supreme Court reversed the Fifth Circuit's affirmation of the certification of a mandatory settlement clasÃÂ
Settlement Reached On PG&E Bankruptcy Reorganization
Christopher A. Hilen and Edward W. O'Neill of Davis Wright Tremaine LLP
On June 19, 2003, Pacific Gas and Electric Company (PG&E), its parent PG&E Corporation, and the staff of the California Public Utilities Commission (CPUC) announced that they have reached a settlement of PG&E's Chapter 11 bankruptcy reorganization case. A majority of the CPUC's commissioners must ratify the settlement by Dec. 31, 2003. Prospects for ratification are not clear at this time.
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.
Personal Injury: Do I Have To Go To Court ? Can I Settle Out of Court ?
Richard Alexander of Alexander Hawes LLP
This article covers the guidelines for success in personal injury cases.
FAQ's About the Progress of Your Lawsuit
Stephens & Stephens
Is it likely that my case can be settled out of court? Yes. Stephens & Stephens makes every effort to reach a fa.