Paul Karlsgodt

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2015-16 Supreme Court Term – Is it Finally the End for Class Actions as We Know Them?

Editor’s Note: The following blog post was originally published by ClassActionBlawg.com. It is republished with permission. The October 2015 United States Supreme Court Term is already well underway, and there are several cases on the docket that could have a significant impact on class action practice.  Here is a summary of the three cases this … Continue Reading

Breaking Down the Target Payment Card Breach Settlement – It’s Not as Groundbreaking as You’ve Been Led to Believe

Editor’s Note: The following blog post was originally published by ClassActionBlawg.com. It is republished with permission. HarrisMartin’s Data Breach Litigation Conference: The Coming of Age is scheduled for next Wednesday, March 25, 2015, at the Westin San Diego.  I’ll be speaking on a panel titled Creative Approaches to Settling Data Breach Cases with Ben Barnow of Barnow and Associates, … Continue Reading

California Supreme Court Pounds Another Nail into the Coffin of “Trial by Formula” in Class Actions

Editor’s Note: This blog post was originally posted on ClassActionBlawg.com. It is reproduced with permissions. The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class action. Although Duran is a wage … Continue Reading

No Supreme Court Review of Moldy Washer Cases

Earlier today, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly defective washing machines.  The denial of cert in Butler v. Sears, Roebuck & Co., Nos. 11-8029, 12-8030 (7th Cir., Aug. 22, … Continue Reading

Will Moldy Washing Machines Save the Consumer Class Action from Extinction?

Editor’s Note: This blog post was originally published on ClassActionBlawg.com and is reprinted with permission. One of the key questions in the aftermath of the Supreme Court’s recent decision in Comcast Corp. v. Behrend is the extent to which damages must be susceptible to classwide calculation in order to justify class certification.  In particular, the question is … Continue Reading

New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

Editors’ Note:  This post originally appeared in Paul’s blog, www.classactionblawg.com, and is reprinted with permission.  For additional insights into the Oxford Health Decision, please see John Lewis’s commentary at the BakerHosetler Employment Class Action Blog. The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket.  Today’s decision bucks what had been a … Continue Reading

Materiality Can Wait, Says the Supreme Court in Amgen

The following post is reprinted with permission from Paul Karlsgodt’s blog, www.classactionblawg.com.  Stay tuned over the coming days for more in-depth analysis of the Amgen decision and its potential implications for securities class actions and class actions more generally. The Supreme Court has issued its opinion in one of the most highly anticipated class action-related cases on … Continue Reading

BakerHostetler’s 2012 Year-End Review of Class Actions (and what to expect in 2013)

We are pleased to share with you the BakerHostetler 2012 Year-end Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation continues to persist in all areas of civil litigation despite the Supreme Court’s 2011 decisions in AT&T Mobility v. … Continue Reading

Abrams, Commins and Foix Publish “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation in the United States” in 2013 Antitrust Review of the Americas

The 2013 Antitrust Review of the Americas features an article by Baker Hostetler Antitrust Group Chair Robert G. Abrams, Partner Gregory J. Commins Jr. and Counsel Danyll W. Foix. “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation in the United States” examines recent developments in antitrust class action case law over the past two years … Continue Reading

Call Centers Increasingly Targeted in Class Action Lawsuits for Statutory Penalties Under Decades-Old California Law

Editor’s Note – This article is a joint submission to the Baker Hostetler Class Action Lawsuit Defense Blog and Data Privacy Monitor. Be sure to check out the Data Privacy Monitor for the latest news, trends, and analysis on data privacy issues.  Companies that provide call center services to consumers are increasingly being targeted in class action … Continue Reading

Ohio Reduces Statute of Limitations

Editor’s Note: The following is a reprint of a BakerHostetler Class Action Defense Team Executive Alert released earlier today.  Due in part to efforts of the BakerHostetler Columbus office Class Action Defense Team, Ohio has adopted a new statute of limitations for breach of written contract that, effective September 28, 2012, reduces the limitations period from 15 … Continue Reading

Supreme Court Declines to Take on the Issue of Issue Certification

A definitive ruling on whether courts may certify class actions to decide discrete issues, as opposed to cases or claims, will have to wait.  Last Monday, the United States Supreme Court denied a writ of certiorari to review the Seventh Circuit Court of Appeals’ ruling in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 672 F.3d 482 … Continue Reading

Future of International Class Actions in the U.S. Courts May Be at Stake in Upcoming Supreme Court Case

Editor’s Note – This article was co-authored by Tina Amin and Paul Karlsgodt in the firm’s Denver office Today is Talk Like a Pirate Day, which is always a reminder of the Alien Tort statute (“ATS”), an arcane law that was originally enacted in 1789 in part to combat piracy.  In recent years, the ATS … Continue Reading

The Stakes are High as Supreme Court Considers Evidentiary Standards for Expert Testimony on Class Certification

The Supreme Court is set to hear oral argument in the case of Comcast v. Behrend this November.  The Court’s decision in that case should further refine the Court’s guidance in Wal-Mart Stores, Inc. v. Dukes about the proper standards for federal courts in reviewing motions for class certification.   Recently, a team of appellate and … Continue Reading

Denver Partner Casie Collignon to Speak on Panel With Colorado Court of Appeals Judge Regarding Class Action Evidentiary Trends

In late 2011, the Colorado Supreme Court issued four seminal class action cases: Jackson v. Unocal Corp., 262 P.3d 874 (Colo. 2011), BP America Production Co. v. Patterson, 263 P.3d 103 (Colo. 2011), Garcia v. Medved Chevrolet Inc., 263 P.3d 92 (Colo. 2011), and State Farm Mut. Auto. Ins. Co. v. Reyher, 266 P.3d 383 … Continue Reading

Tenth Circuit Holds that Mere Allegation by Plaintiff of Intent Not to Seek More than $4,999,999.99 in Damages Is Not Dispositive of CAFA Jurisdiction

Yesterday, the Tenth Circuit joined the majority of Circuit Courts of Appeals in holding that a plaintiff cannot conclusively avoid federal removal jurisdiction under the Class Action Fairness Act of 2005 (CAFA) by including in the complaint a statement of intention not to seek more than $4,999,999.99 in damages on behalf of the putative class.  … Continue Reading

Trial By Formula, Statistical Sampling, and the Right to Due Process

A common temptation in class action litigation is to fashion procedures based on “rough justice” to avoid overburdening the courts or attempting to redress alleged mass harm.  Over the past decade, as storage and computing power have increased exponentially, it has become increasingly tempting to use statistical sampling as a proxy for the actual adjudication of … Continue Reading

Class and Collective Actions in the Age of Globalization

Globalization has brought with it the growing problem of how to deal with mass disputes that transcend jurisdictional boundaries, as well as ever-increasing creativity among the members of the plaintiffs’ bar in bringing ever-larger class and mass actions.  There is no single global court or other forum for bringing international or cross-border civil disputes, let … Continue Reading
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