Tag Archives: due process

Supreme Court Rejects Efforts to Avoid CAFA Jurisdiction

Editors’ Note:  This post is a joint submission to this blog and rennerclassactions.com. In The Standard Fire Insurance Co.v. Knowles, No. 11-1450, a unanimous decision yesterday written by Justice Breyer, the Supreme Court held that a plaintiff cannot stipulate to an amount of damages for a putative class in order to avoid federal jurisdiction under … Continue Reading

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares must permitted to opt out of a shareholder class action settlement relating to the company’s sale to Quest Diagnostics, Inc. … Continue Reading

Renner to Speak at Strafford Web Seminar

Class Action Lawsuit Defense co-editor, Deborah Renner, will be speaking in an upcoming Strafford live phone/web seminar, “Limits of Class Representation Prior to Class Counsel Appointment,” scheduled for Tuesday, December 18, 1:00pm-2:30PM EST. For more information and to register > or call 1-800-926-7926 ext. 10 (ask for Class Representation Pre-Class Counsel Appointment on 12/18/12 and mention code: ZDFCT). … 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
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