Last week, in In re Lupron Marketing & Sales Practices Litigation, Nos. 10-2494, 11-1329, 2012 U.S. App. LEXIS 8263 (1st Cir. Apr. 24, 2012), the First Circuit issued a significant opinion providing substantial guidance on distribution of excess funds in a class action settlement on a cy pres basis. This situation typically occurs when
ALI Principles
When Is An Issues Class Appropriate for Certification? New Third Circuit Opinion Follows the ALI Principles of Aggregate Litigation
By Wystan Ackerman on
Posted in Class Certification Standards
Following Wal-Mart, I expect we will see more attempts by plaintiffs to try to certify issues classes under Rule 23(c)(4), which provides that “[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues.” Courts have disagreed about when issues classes may be certified under this provision. …
Insights from DRI Class Action Seminar – Part Two
By Wystan Ackerman on
Posted in Seminars/Programs
Here is part two of my takeaways from the seminar. I’ll focus here on appeals under Rule 23(f) and CAFA, the new ALI Principles of the Law of Aggregate Litigation, and federal constitutional issues in state court class actions.
- Rule 23(f) and CAFA Appeals: Judge Southwick of the Fifth Circuit made some helpful suggestions
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