Blawgletter thinks we can all agree that the U.S. Supreme Court has done few favors in the last decade or two for what the folks at the American Law Institute call "aggregate litigation" — mainly class actions. What with Dukes (no class for women who work at Wal-Mart) and Concepcion (no class for AT&T wireless
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Amgen Class Gets Ninth Circuit Okie Dokie; Living in a Materiality World
By Barry Barnett on
The Ninth Circuit today upheld an order that granted class status to a federal securities fraud case against Amgen. Connecticut Retirement Plans and Trust Funds v. Amgen Inc., No. 09-56965 (9th Cir. Oct. 8, 2011).
The panel gave the back of its hand to Amgen's jutting chin of a point — that the class…
Does Cy Pres Have a Prayer?
By Barry Barnett on
A federal judge asked Blawgletter a few years ago what we thought about "cy pres" (sounds like "sigh pray") payments in class actions. The judge had in mind a method of dealing with money that a class settlement or judgment produces but that for one reason or another doesn't find its way into…
Class Fee Fight Nets Bigger Pay for Renegade
By Barry Barnett on
The Seventh Circuit last week settled a battle over a fee award to class counsel by lifting a cap that, the court held, the district court set for no good reason. But only one lawyer got the benefit of the rising tide. In re Trans Union Corp. Privacy Litig., No. 10-1154 (7th Cir. Jan.
Supremes May Kill Class Action Species in Walmart Appeal
By Barry Barnett on
The U.S. Supreme Court today granted review of a Ninth Circuit ruling that allowed a class of California women to pursue sex discrimination claims against Walmart. Order List, Dec. 6, 2010, at 2.
The Ninth Circuit held en banc that the case could move ahead as a class action under Rule 23(b)(2) on the women's claims…
Big Business Cases Hit the Supreme Court Next Week: Copyright and Class Arbitration
By Barry Barnett on
On Nov. 8 and 9, the Supreme Court will take up two cases that hold promise and peril for businesses. Blawgletter sees more cause for businesses to hope than fear.
The first of the pair, Costco Wholesale Corp. v. Omega, S.A., No. 08-1423 (U.S.), deals with the reach of copyright law's "first sale" doctrine. …
Second Circuit Calls Recess for Zyprexa Class
By Barry Barnett on
The Second Circuit last week prescribed death for a class action alleging that Eli Lilly and Company fooled doctors into treating patients with Lily's anti-schizophrenia drug Zyprexa.
The plaintiffs — unions and others that pay all or part of patients' pharmaceutical bills — alleged that Lilly violated the Racketeer-Influenced and Corrupt Organizations Act by hiding and misrepresenting…
Seventh Circuit Aims to Void Fifth Circuit’s “License” to Make Class Certification Too Hard
By Barry Barnett on
The Seventh Circuit struck a blow last month for certifying securities fraud cases as class actions — and against the Fifth Circuit's attempt, the panel believed, "to 'tighten the requirements' for class certification" in such cases.
The court held the district court did right by rejecting the defendants' "arguments that if accepted would end the use…
Stolt-Nielsen Kills Class Arbitration but not Class Action, Second Circuit Holds
By Barry Barnett on
Back in April, Blawgletter read the Court's decision in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., No. 08-1198 (U.S. Apr. 27, 2010), to mean that arbitrators "will have no choice but to deny almost all class certification requests."
The Stolt-Nielsen majority held, 5-3, that an arbitration panel exceeds its authority under the federal Arbitration Act…
Arb Parties Must Agree to Class, Supreme Court Holds
By Barry Barnett on
Today the U.S. Supreme Court broke 5-3 in favor of a rule against class arbitration.
The majority held that an arbitration panel exceeds its authority under the federal Arbitration Act when it construes an agreement to arbitrate as allowing class treatment of a dispute unless the agreement shows the parties intended to permit such a…