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class actions
The Common Sense Approach to Determining Amount-In-Controversy
Decided one day apart, both Roe v. Michelin North America, Inc., No. 09-15141 (11th Cir. Aug. 5, 2010) and Berniard v. Dow Chemical Co., No. 10-30497 (5th Cir. Aug. 6, 2010), address whether, in the context of removal to federal court, defendants who relied solely on the nature of the allegations...
Cert. Petition in Wal-Mart v. Dukes Raises Class Certification Issues That May Impact Whether Punitive Damages are Subject to Class Treatment
This past Wednesday, Wal-Mart filed a petition for a writ of certiorari urging the Supreme Court to step into the fray over what some have reported to be the largest class action in history. (Wal-Mart’s cert. petition can be found here on SCOTUSblog.)The plaintiffs in Dukes v. Wal-Mart Stores, I...
Nagareda on Class Certification and Dukes v. Wal-Mart
Prof. Richard Nagareda (Vanderbilt) has posted on SSRN his essay, Common Answers for Class Certification, which is forthcoming in the Vanderbilt Law Review En Banc. Here's the abstract: This Essay for the Vanderbilt Law Review En Banc roundtable on Dukes...
Court upholds certification of class action in price-fixing case
Shawn Neylan and Sharon Seung In a judgment rendered June 8, 2010, the Ontario Superior Court dismissed a motion by FMC Corporation and FMC of Canada, Ltd. (collectively, FMC) for leave to appeal a September 28, 2009 decision certifying a class action. The motion was supported by Arkema Inc.,...
Hoffman & Steinberg on the Milberg Weiss Controversy
Professor Lonny Hoffman (Houston) & Alan Steinberg have posted on SSRN their paper The Ongoing Milberg Weiss Controversy. Here’s the abstract: In this paper we revisit the ongoing controversy surrounding the Milberg Weiss prosecution. Our paper responds to an important,...
