Tag Archives: fifth circuit

SCOTUS: Mississippi AG Suit is not a Removable CAFA Mass Action

Photo of Casie CollignonBy Casie Collignon on Posted in Antitrust, Class Action Fairness Act
In Mississippi ex rel. Jim Hood v. AU Optronics Corp., Case No. 12-1036 (U.S. Jan. 14, 2014), the United States Supreme Court reversed the Fifth Circuit’s decision and held that a statewide antitrust lawsuit brought by the state attorney general seeking restitution for its citizens is not a CAFA mass action and is therefore not … Continue Reading

Supreme Court to Consider CAFA’s Reach to Attorney General Suits

By Deborah Renner on Posted in Class Action Fairness Act
Editors’ Note — This post originally appeared in Rennerclassactions.com, and is reprinted by permission. The U.S. Supreme Court recently decided The Standard Fire Insurance Co. v. Knowles , a case that dealt with the extent to which plaintiffs can avoid federal jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”) by pleading around it.  (See our March 20, 2013 post.)  On May … Continue Reading

U.S. Supreme Court To Review Fifth Circuit’s SLUSA Decision in Stanford Ponzi Scheme Case

Photo of Shawn P. HoughBy Shawn P. Hough on Posted in Class Action Trends, Securities
Co-author: Frank Oliva The Supreme Court recently granted certiorari to examine the “in connection with” requirement of the Securities Litigation Uniform Standards Act (“SLUSA”) in Chadbourne & Parke LLP v. Troice, No. 12-79.  SLUSA generally precludes state law securities class actions when there is a misrepresentation or omission “in connection with the purchase or sale … Continue Reading

Can Subsequent Wal-Mart Class Actions Survive? Texas Federal Court Says “No”

By Jeanine Conley on Posted in Class Action Tolling, Class Action Trends
On October 28, 2011, in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) denying class certification to plaintiffs seeking to represent a group of over 1.5 million women in a gender discrimination action against Wal-Mart, Stephanie Odle and six other named plaintiffs filed another action … Continue Reading

Supreme Court Declines to Take on the Issue of Issue Certification

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in 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

The Use of the Cy Pres Doctrine in Class Settlements

By Melonia A. Bennett on Posted in Settlements
Co-authored by Rodger Eckelberry Defendants settle class actions to buy peace and put litigation behind them.  Plaintiffs settle class actions to guarantee at least some recovery, and to avoid prolonged litigation.  A settlement benefits no one, though, if the settlement is not approved by the court or if approval is reversed on appeal.  The Ninth … Continue Reading

Thoughts on Class Actions After Wal-Mart Stores, Inc. v. Dukes

By Katayoun Donnelly on Posted in Rule 23 Requirements
After the Supreme Court’s decision in Wal–Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011) was announced, many believed class certification of employment classes or Rule 23b(2) classes would be a thing of the past.  Developments after Dukes, however, demonstrate that, to the contrary, courts have found ways to avoid the impact of Dukes. Dukes … Continue Reading
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