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When the Supreme Court nomination of then-Judge Sonia Sotomayor was announced, I put together this summary of her fairly significant judicial record on class action issues. Her scholarship from 25 years ago is hardly a barometer for how she might rule on any issue today, but might it be support for those who argue that she would be a voice of compromise on the Court if confirmed?

Finding any record on class action issues for current nominee Elena Kagan has been more of a challenge, since she has not served as a judge. Read Full Post » Posted in Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged brinkley, CAFA, class action commentary, Class Action Decisions, Class Action News, Class Action Trends, global coordinating counsel, mass tort litigation, securities class action, TCPA, wage and hour class action on January 15, 2009| 1 Comment » discusses a Fifth Circuit Court of Appeals decision addressing jurisdiction under the Class Action Fairness Act (CAFA) before reversing class certification in a case alleging violations of the federal Telephone Consumer Protection Act (TCPA): summarizes a California appellate court decision reversing a trial court’s decision to deny certification after concluding that it would be necessary to make a determination on the merits to ascertain class members and evaluate numerosity: on a Florida decision upholding a class certification order where the lack of a hearing transcript left the appellate court with no way to analyze the evidence considered by the trial court in reaching its decision:

For a while I just wasn’t interested (which anyone who has been divorced could probably relate to), and then once I got over that I just didn’t have the time, working in the automobile business at the time 12-14 hours a day.

And lastly, and probably most importantly, I never in my wildest dreams thought that I’d be single again and having to re-learn the process of flirting with a woman and asking her out…so out of my desire to NOT embarrass myself, I’ve simply stayed away from it.

entry=246 comments on an opinion by Seventh Circuit Court of Appeals Judge Richard Posner, who has some harsh words for attorneys for objectors to a class action settlement who sought an attorney fee award for what the Judge did not consider a significant contribution to the outcome of the case: summarizes a Seventh Circuit Court of Appeals decision discussing the removability under CAFA of securities class actions filed under section 22(a) of the Securities Act of 1933: Action Trends discusses the phenomena of “global coordinating counsel” and its rise from marketing ploy to reality as class action and related procedures become more developed around the world: the “multi-faceted” nature of mass tort litigation in an article that includes a discussion of federal judge Jack Weinstein treating MDL litigation and settlement of pharmaceutical products liability claims as a “quasi-class action”: a Manhattan Institute report on a trend in Louisiana public pension funds serving as lead plaintiffs in securities class actions: offers observations about the modest nature of the increase in securities class actions in light of the financial crisis: a recent report by Seyfert Shaw LLP summarizing trends in employment class action litigation: Action Commentary provides an abstract of a student note by James Mc Donald in Duke Law Journal entitled “Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar”: claims-made settlements and reversions in wage and hour class actions and whether unclaimed funds escheat to the state: on the facts of a class action filed on behalf of retired players against the NFL Players’ Association for for breach of fiduciary duty, which was recently tried to a jury verdict in the retirees’ favor: Class Action News previews the year ahead for the North Carolina Business Court, including a discussion of class actions: New look Posted in Class Action Decisions, Class Action Trends, tagged Class Action Decisions, class action reform, class action scandal, Class Action Trends, class certification, FACTA, foreign cubed, International Class Action Law, pollution class action, RICO Class Action, rule 23, scheme liability, securities fraud, tila, wage and hour class action on December 30, 2008| 4 Comments » As the new year approaches, everyone seems to be doing a “top ten” list for 2008, so of course, Class Action Blawg has to have one too. First, the rankings will be decided by reader vote. So, here are some key class action decisions and trends from the year that was, in no particular order.

See the poll below to vote for the one you like best.

She had seemed to me to open that door and so inquiring as to whether or not she was indeed married or available I thought was NOT inappropriate.

I mentioned, “and don’t forget your other child, your husband…”, saying it with a laugh in my voice.However, Solicitor General Kagan does have a background as a Civil Procedure and Constitutional Law professor, and she has written at least one article addressing class actions. entry=246 comments on an opinion by Seventh Circuit Court of Appeals Judge Richard Posner, who has some harsh words for attorneys for objectors to a class action settlement who sought an attorney fee award for what the Judge did not consider a significant contribution to the outcome of the case: summarizes a Seventh Circuit Court of Appeals decision discussing the removability under CAFA of securities class actions filed under section 22(a) of the Securities Act of 1933: Action Trends discusses the phenomena of “global coordinating counsel” and its rise from marketing ploy to reality as class action and related procedures become more developed around the world: the “multi-faceted” nature of mass tort litigation in an article that includes a discussion of federal judge Jack Weinstein treating MDL litigation and settlement of pharmaceutical products liability claims as a “quasi-class action”: a Manhattan Institute report on a trend in Louisiana public pension funds serving as lead plaintiffs in securities class actions: offers observations about the modest nature of the increase in securities class actions in light of the financial crisis: a recent report by Seyfert Shaw LLP summarizing trends in employment class action litigation: Action Commentary provides an abstract of a student note by James Mc Donald in Duke Law Journal entitled “Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar”: claims-made settlements and reversions in wage and hour class actions and whether unclaimed funds escheat to the state: on the facts of a class action filed on behalf of retired players against the NFL Players’ Association for for breach of fiduciary duty, which was recently tried to a jury verdict in the retirees’ favor: Class Action News previews the year ahead for the North Carolina Business Court, including a discussion of class actions: New look Posted in Class Action Decisions, Class Action News, Class Action Trends, CLE Programs, tagged CAFA, class action commentary, Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends on December 17, 2008| Leave a Comment » reports on a courtroom fistfight between two lawyers pursuing rival class action suits against the same defendant: Class Action Decisions summarizes and links to an opinion by the Fourth Circuit Court of Appeals decision holding that a class action counterclaim defendant could not remove to federal court under the Class Action Fairness Act (CAFA) (as an aside, yours truly was on the losing end of the Ninth Circuit decision relied upon by the majority. for helping to create bad precedent): offers a synopsis of a Fourth Circuit Court of Appeals decision upholding the dismissal of a securities fraud class action under the “strong inference” of wrongful intent standard required by the Supreme Court’s decision in reports on a federal court’s decision denying a motion for summary judgment filed by an online dating service defending claims that it continued to charge fees after members had canceled their service: has a story about an an Iowa federal court’s class certification decision, with the self-explanatory headline “Class Action Status Doesn’t Stick to Teflon Lawsuits” … and more on the same case from reviews a recent California appellate decision addressing the standards for what evidence a trial court must consider in evaluating the fairness of a class action settlement: a New York court’s grant of summary judgment in a shareholder class action alleging that a forced bank merger constituted a breach of fiduciary duty: Action Trends As always, for the latest developments in subprime crisis litigation, see the … and for more commentary and analysis on trends in subprime mortgage litigation, see this December 3 entry from reports on upcoming administrative changes in the Los Angeles County Complex Litigation Court (Btw, congrats to Scott Leviant on his new position with Initiative Legal Group LLP): on developments in a potential class action lawsuit being considered by the City of Memphis and Shelby County, Tennessee against lenders for alleged predatory lending practices leading to mass foreclosures in connection with subprime mortgages: In that excerpt, Kagan appears to argue for a middle ground between what at the time were two competing models for class certification in Title VII employment discrimination cases.The report, published earlier this month, highlights statistical trends, key decisions, and key issues in class actions in both state and federal courts in 2008.The report also analyzes the impacts of the Class Action Fairness Act (“CAFA”) on class actions in state and makes predictions on trends and issues in 2009.

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I finished the email by saying, “Well, just wanted to say again how delighted I was to meet and talk with you and I’d love to have the chance to get to know you a little better if you are so inclined. Did I say anything about asking for referrals for my business? Did she say anything in response to my asking about getting to know her better? Was it really that veiled that what I was asking was if she’d like to go out to dinner or something so that we could spend some time getting to know each other better? I’m confused but all I can do is laugh really loud and long about this!

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