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Judge Kavanaugh’s Limited Class-Action Jurisprudence Reveals a Healthy Skepticism for Class Actions

By: Robert J. Tucker and Katherine R. Johnston* Judge Kavanaugh has had very few occasions to address the procedural mechanism of Rule 23. This is not surprising given that few class-action cases end up in the D.C. Circuit. But where he has, Judge Kavanaugh’s commentary suggests that he may be mindful of the realities and … Continue Reading

The US Supreme Court’s Ruling in American Pipe Does Not Extend to Allow Tolling of Statutes of Limitation in Successive Class Actions

On Monday, the U.S. Supreme Court decided China AgriTech, Inc. v. Resh, No. 17-432, 584 U.S. __ (2018) and held that the American Pipe doctrine, which tolls the statute of limitations to permit members of a putative class to bring individual claims in the event class certification is denied, does not toll the statute of … Continue Reading

2018 Class Action Landscape

In 2016, the Supreme Court issued a landmark decision in Campbell-Ewald Co. v. Gomez, resolving a circuit split on whether an unaccepted offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure could moot a named plaintiff’s individual claim, thus dooming the class claims. The decision – which held that an unaccepted … Continue Reading

Revisiting the Enforceability of Class Action Waivers in Consumer Financial Contracts

The Consumer Financial Protection Bureau (CFPB) has published the final Arbitration Agreements Rule, which impacts the way claims involving consumer financial products and services are handled in the future, including a prohibition against providers of such products and services from relying on a predispute arbitration agreement that includes an arbitration clause barring a consumer from … Continue Reading

2016 Class Action Year-End Review

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the Supreme Court’s docket in 2016 and promises to remain there in 2017, as class action doctrine continues to evolve in … Continue Reading

Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel

Fed. R. Civ. P. 23(a)(4) requires that the representative parties – the class representatives and their counsel – will adequately protect the interest of the class.  Relatively few class-action decisions turn on the adequacy of class counsel, but in a post on BakerHostetler’s Employment Class Action Blog, Greg Mersol highlights a recent decision in which … Continue Reading

Supreme Court Holds That Plaintiffs Must Allege Concrete and Particularized Injury To Have Standing To Assert FCRA Claim

Today, the U.S. Supreme Court decided Robins v. Spokeo, Inc., which addressed the question of whether a plaintiff has satisfied Article III’s injury-in-fact standing requirement by alleging a statutory violation but no concrete injury. Our sister blog, the Data Privacy Monitor, provides initial coverage here. Stay tuned as we analyze this important ruling which could … Continue Reading

Paul Karlsgodt to Chair ABA Western Regional CLE Program on Class Actions and Mass Torts

On May 27, Partner Paul Karlsgodt, leader of BakerHostetler’s Class Action Defense team, will chair the third annual ABA Western Regional CLE Program on Class Actions and Mass Torts in San Francisco. The program will explore topics such as the latest trends and creative approaches to class action settlements, forum non conveniens and related issues … Continue Reading

Sixth Circuit Decision Clarifies Timing of Removal Under the Class Action Fairness Act

Partner Greg Mersol of BakerHostetler’s Employment Class Action Blog published a blog post regarding a recent Sixth Circuit decision that clarified the timing of removal under the Class Action Fairness Act.  As stated in the post, the bottom line is that the “time for CAFA removal runs from when the plaintiffs provide the defendant with … Continue Reading

BakerHostetler 2015 Year-End Review of Class Actions

The 2015 edition of BakerHostetler’s popular Year-End Review of Class Actions is out! You can download here. The Review is a collaboration between the Firm’s Class Action Defense, Antitrust and Competition,Privacy and Data Protection, Securities Litigation and Regulatory Enforcement, Appellate and Major Motions, and Employment Class Actions teams and analyzes a number of the hottest class action developments in 2015 … Continue Reading

BakerHostetler Class Action Webinar – February 10th at Noon (ET)

Please join BakerHostetler’s Class Action Defense and Financial Services Teams on February 10, 2016 from 12:00 to 1:15pm EST for an informative webinar entitled “The New Class Action Risks for 2016 in Consumer Financial Services.” Webinar speakers will discuss: • How CFPB rulemaking may affect the class action landscape. • Are you compromise ready? Tips … Continue Reading

Paul Karlsgodt to Speak on Privacy Breaches at University of Denver Sturm College of Law

Partner Paul Karlsgodt will speak as a panelist during a discussion on privacy breaches at the University of Denver Sturm College of Law on November 6 from 10 a.m.-1 p.m. The program is presented by The Privacy Foundation at the Sturm College of Law and the International Association of Privacy Professionals. Other panelists include Alexis … Continue Reading

Karlsgodt to Speak at June Strafford Web Seminar

Class Action Lawsuit Defense blog contributor and leader of BakerHostetler’s Class Action Defense team, Paul Karlsgodt  will speak in an upcoming Strafford live phone/web seminar, “Statistics in Class Certification and at Trial: Leveraging and Attacking Statistical Evidence in Class Actions” scheduled for Tuesday, May 12, 1:00 pm-2:30 pm EDT. For more information or to register>> … Continue Reading

Coming in June: ABA’s 2nd Annual Western Regional CLE Program on Class Actions & Mass Torts

We are pleased to announce that Paul Karlsgodt will be chairing the ABA’s 2nd Annual Western Regional CLE Program on Class Actions and Mass Torts. The event is co-sponsored by the ABA Section of Litigation’s Class Actions and Derivative Suits, Mass Torts, and Securities Litigation Committees, and by the San Francisco Bar Association, which will … Continue Reading

Craig Hoffman Named Law360 Rising Star for Privacy

Recently, Law360 published its list of Top Attorneys Under 40—a list of 145 attorneys spanning 29 practice areas “whose legal accomplishments belie their age.” We were pleased to see that BakerHostetler Partner Craig Hoffman, a member of our Privacy and Data Protection team and editor of the Data Privacy Monitor blog has been recognized as a 2015 … Continue Reading

Basic Is Dying a Slow Death: The Supreme Court Upholds the Fraud-on-the-Market Presumption in Halliburton but Allows Rebuttal

Given the opportunity to overrule its landmark 1988 decision in Basic v. Levinson, in which it created the fraud-on-the-market presumption, the Supreme Court declined. The Court found in its decision this week in Halliburton that, while it was not ready to dismiss the presumption altogether, it would allow defendants to offer rebuttal evidence at the … Continue Reading
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