Supreme Court May Clarify Procedures for Removal Under CAFA—if It Decides to Answer the Question Presented in Dart Cherokee Basin Operating Co. V. Owens

By | Class Defense Blog | October 7, 2014

This morning I attended oral arguments at the Supreme Court in Dart Cherokee Basin Operating Co. v. Owens.  The issue presented in Dart Cherokee is whether a defendant who wishes to remove a case to federal court under the Class Action Fairness Act (CAFA) is required to submit evidence supporting federal jurisdiction along with the notice of removal.

Defendants Unable to Establish Absence of Price Impact, Class Certification Granted

By | The D&O Diary | October 3, 2014
Defendants Unable to Establish Absence of Price Impact, Class Certification Granted

In its long-awaited June 2014 decision in the Halliburton case, the U.S. Supreme Court declined to jettison the fraud on the market theory on which the presumption of reliance is based, but it did provide that defendants could attempt to rebut the presumption of reliance by showing that the alleged misrepresentation that is the basis of the plaintiffs securities claim did not impact the share price of the defendant company’s securities.

How Not to Settle a Class Action

How Not to Settle a Class Action

Settling a workplace class action is far more complicated than resolving other types of litigation. Yet, the fundamental building blocks of settling a case – an offer, acceptance of precise terms, and substantiation of the agreement – are equally as important in resolving a simple as well as a complex piece of litigation.