March 2012

March 29, 2012 5:39 PM | Posted by | Permalink
Nearly half of corporate counsel surveyed plan to increase the use of alternative fee arrangements to improve cost certainty in 2012. Find out more in the upcoming class action survey by Carlton Fields to be released in April. read more
March 28, 2012 3:37 PM | Posted by | Permalink
The internal organization of corporate legal departments and accountability for managing class actions makes a tremendous difference in the relative costs of class action litigation. Learn more in the upcoming class action survey by Carlton Fields to be released in April. read more
March 27, 2012 2:12 PM | Posted by | Permalink
Corporate legal departments report that their companies dedicate an average of 5 individuals (3 of these are, on average, attorneys) to the ongoing management of class action suits. Additionally, corporate counsel report spending an average of 313.9 hours annually on individual class action lawsuits. Learn more in the upcoming class action survey by Carlton Fields to be released next month. read more
March 26, 2012 4:03 PM | Posted by | Permalink
On the Rise: Corporate legal departments surveyed currently manage 4.4 class action suits, on average. That number is anticipated to increase incrementally to 5.4 in 2012. Learn more about the future of class action litigation from the perspective of corporate counsel in the new class action survey to be released in April by Carlton Fields. read more
March 26, 2012 10:48 AM | Posted by Celender, Kate | Permalink
Upset that the local pharmacy is closing and transferred your prescriptions elsewhere?  You're going to need more than that if you want to bring a class action. read more
March 22, 2012 5:34 PM | Posted by | Permalink
Corporate counsel project at least a 13.2% decline in legal spending vis-à-vis class actions principally through, among other things, stricter management of outside counsel, increased compliance efforts, and changes to class action strategies. Learn about this trend and more when the new class action survey by Carlton Fields is released in April. read more
March 21, 2012 2:16 PM | Posted by | Permalink
Hint: It’s not cost control. read more
March 20, 2012 2:22 PM | Posted by | Permalink
Carlton Fields’ upcoming survey on class actions (to be released in April 2012) features best practices for corporate counsel in reducing cost and managing risk in modern class action litigation. read more
March 19, 2012 2:18 PM | Posted by | Permalink
Carlton Fields is pleased to announce the forthcoming April release of a new client-focused survey, "Successful Management of Class Actions: Empirical Findings from Corporate America." This ground-breaking new survey will provide meaningful insight into corporate counsel's perspectives on and attitudes toward class action litigation in 2012 and beyond. read more
March 15, 2012 11:35 AM | Posted by Cipriani, Jon A. | Permalink
The Third Circuit didn’t cite The Who in McNair v. Synapse Group, Inc., 2012 WL 695655 (3d Cir. March 6, 2012). But it would have been appropriate. The named plaintiffs argued that it was only a matter of time before they fell for the defendant's allegedly deceptive magazine subscription marketing tactics. But a skeptical Third Circuit seemed to think that the plaintiffs just won’t get fooled again—or at least that the possibility was too far-fetched to count as a reasonable likelihood of future injury for standing purposes. read more
March 13, 2012 12:52 PM | Posted by Glover, Anthony | Permalink

In In re American Express Merchants' Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012) ("AMEX III"), the Second Circuit Court of Appeals held, for the third time, that a class action waiver in an arbitration agreement between American Express and plaintiffs was unenforceable because it would effectively preclude plaintiffs from seeking to vindicate their statutory rights under the Sherman and Clayton Acts.

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March 12, 2012 12:54 PM | Posted by Katherine Heckert | Permalink
In Kilgore v. Keybank, National Association, ---F.3d ----, 2012 WL 718344 (9th Cir. (CA) Mar. 7, 2012), the Ninth Circuit Court of Appeals considered whether the Supreme Court's decision in AT&T Mobility, Inc. v. Concepcion required the Federal Arbitration Act ("FAA") to preempt California's state law rule prohibiting the arbitration of claims for broad, public injunctive relief in a class action related to private student loans.  Find out what controls, after the jump. read more
March 9, 2012 5:51 PM | Posted by Katherine Heckert | Permalink
In Nevada v. Bank of America Corp., --- F.3d ----, 2012 WL 688552 (9th Cir. (Nev.) Mar. 2, 2012), the Ninth Circuit was confronted with whether Nevada’s parens patriae lawsuit against Bank of America based on widespread complaints could be removed to Federal Court under the Class Action Fairness Act, including whether it could be classified as a mass action. Find out what the Ninth Circuit concluded, after the jump. read more
March 7, 2012 4:14 PM | Posted by Anthony Glover | Permalink

In Nationwide Life Ins. Co. v. Haddock, No. 10-4237-CV, 2012 WL 360633 (2d Cir. Feb. 6, 2012), the Second Circuit vacated an order of class certification and remanded the case back to the U.S. District Court for the District of Connecticut.

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March 2, 2012 4:02 PM | Posted by Tinsley, Katie | Permalink
In an unpublished opinion, the Fifth Circuit declined to consider a plaintiff’s request for class certification pursuant to Federal Rule of Civil Procedure 23 finding that the complaint's allegations failed to merit such status and because “dismissal of Plaintiff’s complaint on its merits mooted any request for class certification.”  Conditt v. Owens, No. 11-50426, slip. op. 2012 WL 29128, at *2 (5th Cir. Jan. 6, 2012).  Therefore, the court denied Plaintiff’s motion on appeal for class certification.  Id. read more