Superiority as Unity
Professor Jay Tidmarsh of the University of Notre Dame has a new article on superiority: Superiority as Unity, 107 Nw. U. L. Rev. 565 (2013). The piece is heavily influenced by Martin Redish’s book...
View ArticlePredominance and the Privacy Class Action – In re Hannaford Bros
In late 2007 and early 2008, the Hannaford Brothers Grocery stores suffered a security breach: thieves stole the debit and credit card data of thousands of customers. As one might imagine, a number of...
View ArticleSuperiority and Statutory Class Actions – Hughes v Kore of Indiana Ent Inc
This week’s case, Hughes v. Kore of Indiana Ent., Inc., No. 1:11-cv-1329-JMS-MJD, 2013 U.S. Dist. LEXIS 95849 (S.D. Ind. Jul. 10, 2013), involved a certified class alleging violations of the Electronic...
View ArticleSuperiority and Dockets – Seabron v. Am. Family Mut. Ins. Co.
Kathleen Seabron filed a lawsuit challenging the red tape her insurance company required before paying an automobile accident claim as bad faith. After the insurer removed her claim to federal court,...
View ArticleWhistleblowing and Superiority – Better Bounty Hunting
It’s an odd quirk of class action practice that an automotive company defending a products-liability class will be quick to invoke the superiority of its regulator (the National Highway Traffic Safety...
View ArticleCy Pres in Contested Class Certification – Hughes v. Kore of Indiana...
Judge Posner is often considered to be a pro-defense jurist, particularly in the area of class actions. Lately, he’s been proving himself to be more independent-minded than that. First, he allowed...
View ArticleThe Ten Most Interesting Class Action Articles of 2013
At this point, I’m well aware that I tend to sound like an old crank when reviewing class action scholarship; much of it repeats the same old stuff, predicts the imminent demise of the class action in...
View ArticleClass Actions as ADR
Houston law professor D. Theodore Rave’s new paper Settlement, ADR, & Class Action Superiority (forthcoming from the Journal of Tort Law) contains an interesting insight about class action...
View ArticleAgencies as Gatekeepers – Implications for Superiority
One of the perennial questions at class certification (at least under Rule 23(b)(3)) is whether the class is superior to other forms of adjudication. Defendants will often raise individual lawsuits as...
View ArticleThe Peril of the Professional Plaintiff – Donaca v. Dish Network, LLC
Historically, courts have grudgingly accepted the professional plaintiff in class action practice. As Judge Easterbrook of the Seventh Circuit once said, in the context of a FCRA class action, the word...
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