Recent Posts in Class Actions Category
Posted on Sep 8, 2011 By Mason LLP
While we generally believe that in appropriate circumstances a settlement which provides only cy pres relief can be approved as fair, reasonable and adequate, there is no doubt that this mechanism is ...
Continue reading "Use Caution: Cy Pres Settlements" »
Posted on Aug 14, 2011 By Gary E. Mason
Product liability class actions involving "uninjured" plaintiffs are hardly a judicial novelty. District courts are well-able to manage and dismiss cases where the "uninjured" named plaintiff truly ...
Continue reading "Managing the "Unmanifested Defect" Class Action" »
Posted on Jul 8, 2011 By Gary E. Mason
In an huge win for consumers, the United States Court of Appeals for the Eighth recently affirmed the district court's order granting class certification in In re Zurn Pex Plumbing Liability ...
Continue reading "Eighth Circuit Favors Consumers in Zurn Opinion" »
Posted on Jun 21, 2011 By Gary E. Mason
In Wal-Mart Stores, Inc. v Dukes et a l, 564 U.S. ___ (2011) (Scalia, J.), the Supreme Court offered this definition of commonality - a common contention "must be of such a nature that is capable of ...
Continue reading "One Stroke To Commonality" »
Posted on Jun 12, 2011 By Gary E. Mason
Numerous courts have wrestled with the propriety of "unmanifested defect" class actions, generally finding that no cause of action exists for a plaintiff who has not yet been injured. But what about ...
Continue reading "No Consideration, No Settlement?" »
Posted on Jun 2, 2011 By Gary E. Mason
A long running debate under Rule 23 surrounds the use of Rule 23(c)(4). The Fifth Circuit, starting with Castano, years ago found that issues could not be certified unless the causes of actions to ...
Continue reading "Certification by Subclass" »
Posted on May 27, 2011 By Gary E. Mason
Courts rarely deny motions for preliminary approval of a settlement. Yet Judge Koh of the Northern District of California recently did so in Standiford v. Palm, Inc. , No. 09-CV-05719-LHK, a case ...
Continue reading "No Injury, No Settlement?" »
Posted on May 22, 2011 By Gary E. Mason
Last week's opinion in Auto Owner's relied in part on an unpublished opinion from late last year - Scottsdale Ins. Co. v American Safety Indem. Co., No. 1:10-cv-00445-WS-N (S.D. Ala.., Nov. 10, 2010). ...
Continue reading "The Pollution Exclusion: Is the Crack in Drywall Widening?" »
Posted on May 19, 2011 By Gary E. Mason
In a case which may set a important precedent for the entire Chinese Dry Wall product liability litigation, a federal judge in Florida this week held that the insurance carrier for the supplier of CDW ...
Continue reading "The Pollution Exclusion: A Crack Appears in the Chinese Drywall Litigation" »
Posted on May 18, 2011 By Gary E. Mason
The door to the courthouse for consumers may have been closed by the Supreme Court's opinion in Concepcion, but the key is still under the mat for corporations looking to sue consumers en mass. In a ...
Continue reading "Anti-Piracy or Anti-Consumer?" »
Posted on May 15, 2011 By Gary E. Mason
In an editorial published on May 13, 2011, the New York Times took aim at AT&T Mobility v Concepcion and recognized it for what it is: "a devastating blow to consumer rights" and "a major setback ...
Continue reading "The New York Times Criticizes Concepcion" »
Posted on May 15, 2011 By Gary E. Mason
Pittsburgh personal injury attorney Rob Peirce spoke out in favor of class actions in an editorial appearing in the Pittsburgh Post-Gazette.* As Pierce points out, the effort by big business to ...
Continue reading "In Praise of Class Actions" »
Posted on May 14, 2011 By Gary E. Mason
Many members of the class action bar believe that the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion means the end of all class actions. We beg to differ. For sure, companies ...
Continue reading "After Concepcion" »
Posted on May 11, 2011 By Gary E. Mason
We are pleased to announce the launch of our class action blog. Watch this space to see commentary on developments in consumer law, class actions, our investigations and pending cases. Your comments ...
Continue reading "Welcome to our Class Action Blog" »