A recent opinion by the Western District of Pennsylvania reminded me of an interesting wrinkle of class action law: the decertification of a class that was previously certified typically has binding impact on the class members, preventing further attempts to seek certification of the same or a similar proposed class. But as we know from
Smith v. Bayer
Article on Insurance Impact of 2011 Supreme Court Decisions on Class Actions
By Wystan Ackerman on
Posted in Articles
An article I wrote entitled “The Supreme Court’s 2011 Class Action Decisions: Their Impact on Insurance Class Actions” was recently published as part of New Appleman on Insurance: Critical Issues in Insurance Law. There is a synopsis of the article and link to it on LexisNexis’s Insurance Law Community blog. I welcome comments, questions…
Insights from the ABA 2011 National Institute on Class Actions – Part 1
By Wystan Ackerman on
Posted in Injunctions, Seminars/Programs
I recently attended the ABA’s 2011 National Institute on Class Actions. I will try to highlight here what I saw as key points that either I had not heard before or provided an interesting new twist on an important issue. I’ll split this up into several posts because there is a fair amount to discuss. …
Insights from DRI Class Action Seminar – Part One
By Wystan Ackerman on
Posted in Seminars/Programs
The DRI Class Action Seminar I attended last week provided a wealth of insights. It was great to meet some readers of this blog there. On the blog I will highlight what I saw as key takeaways and their specific application to the insurance industry. In this first part, I’ll discuss some further insights on…
Seventh Circuit Injunction Against Repetitive Class Action Remanded For Reconsideration In Light Of Smith v. Bayer
By Wystan Ackerman on
Posted in Injunctions
On the final day of the Supreme Court term, the Court vacated and remanded the Seventh Circuit’s decision in Thorogood v. Sears, Roebuck & Co. for reconsideration in light of the Court’s opinion in Smith v. Bayer Corp. (see my blog post on Smith). In Thorogood, the Seventh Circuit, after previously ruling that…