2010 has already yielded numerous decisions at the Supreme Court and Circuit Court levels with significant and widespread ramifications for class action practitioners. The proliferation of class action filings arising from the Gulf Oil Spill Litigation underlines the importance of remaining current on top-level recent developments affecting class action practice, several of which reflect deeply fractured courts.
Join our panel of preeminent class action practitioners with both the plaintiff and defense perspectives for a discussion of:
Shady Grove (S. Ct.): The intersection of Fed. R. Civ. P. 23 and state laws prohibiting or limiting the availability of class actions.
Dukes v. Wal-Mart (9th Cir. en banc): The largest class action in history was approved in a 6-5 decision addressing a host of questions central to class action practice generally on which there is substantial disagreement in the courts, including the evidentiary standard for class certification, the use of Daubert review on class certification, the role of statistical evidence, and the standard for certification of (b)(2) classes.
Stolt Nielsen (S. Ct.): Determining what is needed to require a party to submit to class action arbitration.
Recent Circuit Court case law interpreting the reach of original and removal jurisdiction under CAFA and its exceptions, including disagreement in the courts on whether post-commencement or post-removal events may affect CAFA jurisdiction.
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