Comcast, Kozinski, and the Decline of Class Actions

Nearly a year ago, I praised an objection Judge Alex Kozinski filed — as a consumer, not a judge — to a proposed class action settlement that he was a part of, and so I was dismayed to see a recent article noting Judge Kozinski’s complaint that “There’s a tendency for lawyers to buy themselves off” in class actions. View Full Post
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Fourth Circuit Denies As Untimely a Request to Review a Decision On a Motion to Decertify a Class in Light of Comcast V. Behrend

On July 25, 2014, a three-judge panel of the Fourth Circuit refused to accept a Rule 23(f) interlocutory appeal in a case where an employer had asked the district court to decertify a hostile work environment class in light of Comcast Corp. v. Behrend, 133 S. View Full Post
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Interesting Post-Comcast Class Certification Decisions Keep Coming

Interesting Post-Comcast Class Certification Decisions Keep Coming On September 30, 2013, Judge George B. Daniels of the U.S. District Court for the Southern District of New York in Johnson, et al v. Nextel Communications, Inc., et. al., 2013 U.S. Dist. LEXIS 141445 (S.D.N.Y. Sept. 30, 2013) certified a class action –  pursuant to Rule 23(c)(4) – of 587 employees of Nextel Communications, Inc. View Full Post
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Sixth Circuit’s Recent Certification Ruling is Making a Splash in the Seventh Circuit’s Whirlpool Washer Case

Sixth Circuit’s Recent Certification Ruling is Making a Splash in the Seventh Circuit’s Whirlpool Washer Case As we reported two weeks ago, the Sixth Circuit on July 18 re-affirmed the certification of a liability-only class of Ohio consumers following the Supreme Court’s directive that it reconsider its previous affirmation of the same class in light of the decision in Comcast v. View Full Post
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Insights from 2013 Defense Research Institute Class Action Seminar – Day 1

Last week I attended the Defense Research Institute (DRI) Class Action Seminar in Washington, DC.  Here are some insights I gleaned from day 1 of the seminar (focusing on presentations that had some relevance to insurance class actions). View Full Post
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