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Category Archives: Class Actions

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Fresenius As “Event Driven” Litigation; The Delaware Supreme Court Rapidly Affirms the Trial Court Ruling That Fresenius Properly Invoked the Material Adverse Event Clause

Posted in Class Actions, D + O Issues, Litigation Industry, SEC Disclosures, Securities
Over the last couple of years, defense oriented commentators have used the meme “event driven securities litigation” as part of complaining about the increasing volume of class action litigation. From my perspective, there could be merit to some complaints, but the meme is far too broad and all “event driven” cases are not equal. Why?… Continue Reading

F Cubed Suits – “The Myth of Morrison: Securities Fraud Litigation Against Foreign Issuers”

Posted in Class Actions, Securities
A detailed data driven study of securities lawsuits before and after Morrison is the subject of a new paper by Professor Davidoff Solomon and colleagues. A summary is online in a November 21, 2018 article at; the full paper is available for download at SSRN. Part of the summary is pasted below. “In The Myth of Morrison:… Continue Reading

Class Actions in Europe: “Collective re-dress: all talk and now trousers”

Posted in Class Actions, EU Developments, Litigation Industry
Some years back, a few people (including me, in 2010) bucked conventional wisdom and predicted the rise of class actions in Europe. See, for example, my 2010 post at In fact, class actions continue to expand in Europe. For a timely and useful article providing news on the latest possible expansion, see “Collective re-dress:… Continue Reading

“ILR at 20: Despite Victories for General Counsel, Plenty of Challenges Ahead”

Posted in Class Actions, Litigation Funding. Litigation Industry, Litigation Industry, Mass Tort Issues
Interesting June 25, 2018 interview/article in Corporate Counsel on the expansion of the ILR through acquisition of news media, and its expansion around the globe. The article arises from ILR reaching 20 years.  Among other things, Ms. Rickard comments that litigation funding and the global spread of litigation are important developments that will shape the… Continue Reading

Plaintiff Firms Attack Each Other Regarding Strategic Tactics in Claims Related to M & A Deals:

Posted in Class Actions, Litigation Industry
It remains fascinating to think about due process, res judicata, and the topic of strategic settlements in class actions. One set of deals prompted rancor between both plaintiff firms and defendants, as is described in  “This is weird: Securities class action defendant wants to block lead counsel appointment”as is described in a February 28 2018 article… Continue Reading

Perhaps “American Pipe” Will Survive, After All?

Posted in Class Actions, Statutes of Limitation, Uncategorized
Judging by oral argument questions at SCOTUS, one legal analyst suggests the American Pipe tolling doctrine seems likely to live on to toll statutes of limitation, as opposed to statutes of repose. See Ronald Mann, Argument analysis: Justices dubious about limiting precedent that tolls statutes of limitations to permit “stacked” class actions, SCOTUSblog (Mar. 27, 2018, 10:52 AM),… Continue Reading

New, Global Tool to Evaluate “Collective Action” Laws Around The World – from Baker & McKenzie

Posted in Class Actions/Aggregate Litigation, Litigation Industry, Uncategorized
As some of us predicted years ago, global litigation continues to expand in both class actions and other forms of collective actions.  Now, there’s a new tool to help litigations better assess global possibilities. The tool is described as follows in a November 22, 2017 post at Global Legal Post: “Baker McKenzie has launched an… Continue Reading

Timely, Open Access Web Site Provides a Great Way to Track the Civil Rights Cases Challenging the Various Executive Orders

Posted in Civil Rights, Class Actions, Litigation Industry, Policy Issues
With so many executive orders being challenged in many forums, keeping track of the events presents challenges similar to the challenges in tracking events in mass tort litigation. Below, a note on the best resource I know of for tracking the civil rights cases. Guest posts are welcome if others know of better resources. A… Continue Reading

An Insurance Underwriter’s View: Growing Global Class Actions, Litigation Funding, and the Harsh Realities for Defendants

Posted in Class Actions, Comparative Law, Litigation Industry, Mass Tort Issues
The growing breadth and depth of global class actions is explored in a September 20, 2016 post at D&O Diary. Riffing off of Professor Coffee’s recent article, Kevin LaCroix pulls together several of his past posts, along with other data and updates, including some interesting observations about class action developments in Asia, as well as… Continue Reading

Professor Coffee on: “The Globalization of Securities Litigation”

Posted in Class Actions, Litigation Industry
It’s been obvious for years that lawyers, litigation funders and MBAs could and would engineer global class actions almost as well (maybe better) than financial engineers would engineer tax avoidance. And Morrison laid much of the groundwork back in 2009, which some of us saw coming. Global securities class actions are now very real and… Continue Reading

Napoli Shkolnik Makes a Splash

Posted in Class Actions, Litigation Industry
Napoli Shkolnik has pushed out a new splash with a class action water contamination suit in NY involving a Grumman facility.  The introduction to its September 13, 2016 press release explains: “NEW YORK, NY–(Marketwired – September 13, 2016) – Napoli Shkolnik PLLC has filed a class action lawsuit against Northrop Grumman Corporation and Northrop Grumman… Continue Reading

Statistical Arguments, SCOTUS, Tyson, and Be Careful What You Wish For

Posted in Class Actions, Class Actions/Aggregate Litigation, Litigation Industry, Science
Excluding Justices Thomas and Alito,  SCOTUS this week not surprisingly concluded that statistical proof can be used in class actions to prove up damages in at least some cases, even if there are some differences between class members. As presented by SCOTUSblog, the issues in Tyson were: “Issue: (1) Whether differences among individual class members… Continue Reading

“Why Whirlpool’s Class Action Trial Victory [in the Clothes Washer Case] May Be Bad News for Class Action Defendants”

Posted in Class Actions, Class Actions/Aggregate Litigation
The headline is the view presented in an October 31, 2014 post by Paul Karlsgodt at the The point he makes in general is that defendants seldom like discrete issue class actions, but the discrete issue class action cases are making a come back after they fell out of favor in the mid 1990s, as described… Continue Reading

Xfinity Fails Again in River North, Chicago – Will Crains Chicago Business or Alderman Reilly Help to Force a Fix?

Posted in Class Actions, Offtopic
  This afternoon, Xfinity’s “business class” Internet service has failed – yet again – in Chicago’s River North. These failures need to end, now. Accordingly, I just sent the following e-mail letter this afternoon to Crain’s Chicago Business, with a copy to Alderman Reilly’s office. I’m not going to hold my breath waiting for action.… Continue Reading

NFL Concussion Litigation – Actuarial Reports Disclosed, and More Discovery Sought

Posted in Class Actions/Aggregate Litigation, Damages, Discovery, Mass Tort Issues
Transparency as to class action damages is starting to move forward with respect to the NFL concussion litigation.  As previously noted, Judge Brody ordered counsel for the class and the NFL to put on the public record the actuarial data behind settlement proposals and negotiations.  The documents are available online at Paul Anderson’s, in… Continue Reading