Due Process

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In an insurance class action, the U.S. Supreme Court now has another opportunity to take up the issue of federal due process protections in state court class actions.  The Court’s decisions last term in Wal-Mart v. Dukes and AT&T v. Concepcion are of limited help to defendants in state court because, while many state courts…

Back in June, I posted about the Oregon Supreme Court’s decision in Strawn v. Farmers Insurance Company of Oregon.  This class action involved payments for personal injury protection (PIP) coverage under auto insurance policies.  Farmers used software to analyze claimed medical expenses in comparison with a database of charges for particular medical services in…

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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At the conclusion of the Supreme Court term, the Court denied certiorari in Philip Morris USA Inc. v. Jackson, which presented an issue involving federal Due Process Clause limitations on state court class actions.  Last Fall, Justice Scalia had issued an in-chambers opinion, in his capacity as circuit justice of the Fifth Circuit…