Tag Archives: second circuit

Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial

Photo of Danyll FoixBy Danyll Foix on Posted in Rule 23 Requirements
The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification as a defense strategy. The decision confirms that plaintiffs’ burden to prove compliance with Rule 23 requirements does not end when a district court certifies a class, but in fact continues all the … Continue Reading

Supreme Court Hears AMEX Class Arbitration Case

By Deborah Renner on Posted in Arbitration
Editors’ Note: This post was originally published at rennerclassactions.com, and is reprinted with permission. The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133.  The case stems from the Second Circuit’s February 1, 2012 decision that American Express (“AMEX”) could not compel a putative class of merchants to arbitrate their … Continue Reading

A Big Week for the Securities Bar: Amgen and Gabelli

By Deborah Renner on Posted in Class Certification, Commonality, Injunctions, Practice Pointers, Predominance, Securities
Co-authored by: Marc D. Powers, Mark A. Kornfeld, and Jessie M Gabriel Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team and BakerHostetler’s Class Action Team. The Supreme Court last week issued two opinions of major importance to the securities bar. In Amgen Inc. v. Connecticut Retirement … 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

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

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in International Class Action Law
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

Second Circuit: Notice Required When Damages Not “Incidental” in a Rule 23(b)(2) Class

Photo of Rand L. McClellanBy Rand L. McClellan on Posted in Rule 23(b)(2) Class Actions, Settlements
Editors’ Note:  This article originally appeared as a “Client Alert” from Baker’s Class Action Defense team. Pointing out pitfalls in structuring enforceable class settlements, the Second Circuit Court of Appeals recently found that an absent class member’s claims were not barred by a prior settlement in a Rule 23(b)(2) class where monetary relief was not … Continue Reading

Decision in Google Copyright Infringement Case Highlights Key Issues in Associational Standing and Adequacy in Class Certification

By Brett Wall on Posted in Associational Standing, Class Certification
Co-authored by Amanda Karp A recent decision by the United States District Court for the Southern District of New York highlights two key concepts in representative litigation: (1) associational standing to bring a representative action; and (2) the propriety of class certification when class members’ interests may be in conflict with one another. Case Summary … Continue Reading

Class Arbitration: Second Circuit Declines to Enforce Class Arbitration Waiver

By Deborah Renner on Posted in Arbitration
Recent Supreme Court holdings appeared to have established that class action waivers in arbitration clauses were enforceable.  However, the Second Circuit, finding that recent jurisprudence inapplicable, held otherwise. On February 1, 2012, the Second Circuit yet again reaffirmed its decision that American Express could not compel a putative class of merchants to arbitrate their antitrust … Continue Reading

Second Circuit Holds Separate Class Representatives With Separate Counsel Required Under Amchem and Ortiz

By Deborah Renner on Posted in Adequacy of Representation, Rule 23 Requirements
In a recent decision, the Second Circuit determined that in a class action settlement that capped total compensation, separate categories of claims must each have separate class representatives and separate counsel. In In re Literary Works in Electronic Databases Copyright Litigation, 654 F.3d 242 (2d Cir. 2011), the Second Circuit found representation in a class … Continue Reading
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