1 / 10

Recent Developments In Group Actions in the United States

Explore the dynamics and challenges in U.S. class action cases, including state vs. nationwide suits, opt-in vs. opt-out classes, attorneys' fees, and the impact of choice of law on claims viability. Learn about Multi-District Litigation, Tort Actions under CAFA, and Mass Actions under MMTJA.

jerryr
Download Presentation

Recent Developments In Group Actions in the United States

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Recent Developments In Group Actions in the United States Elizabeth Cabraser Sara Gourley Luanne Sacks John Sherk March 2, 2006

  2. Agenda • Recurring Issues In U.S. Class Action Cases • Litigation vs. Settlement • Statewide vs. Nationwide • Opt-in vs. Opt-out Classes • Attorneys’ Fees • Efforts To Address These Issues • Multi-District Litigation • Tort Actions Under CAFA • Mass Actions under MMTJA • Administrative Claims Processes • Vaccine • Black Lung • Asbestos? • Challenges

  3. Which Forum’s Law Will Apply • In re Phillips Petroleum Co. v. Shutts, 472 U.S. 797 • forum must have “significant contact or significant aggregation of contacts” to claims of each class member such that applying law would not be arbitrary or unfair • Phillips determines which jurisdictions’ law could apply, not necessarily which jurisdiction’s law must • Analysis complicated by “Depecage” • issue-specific choice of law

  4. Why Does Choice of Law Matter ? • No federal consumer fraud or tort damages statutes • Each state legislates independently • Some allow consumer class actions • Some cap damages • Some do not allow punitive damages • Statutes of limitation differ • Choice of law can determine viability of claims • Country • State

  5. MultiDistrict Litigation (“MDLs”) • MDL statute centralizes multiple federal cases in one forum • Coordinates pretrial litigation • Mechanism to aggregate claims even absent class actions • No statute requires state courts to coordinate • Some states have intra-state “MDLs”

  6. Class Action Fairness Act - 28 U.S.C. § 1332 • “Federalizes” Interstate Class Actions • 2 main provisions: • Expands federal jurisdiction/removal • Requires notification to state and federal authorities of all proposed settlements

  7. Multiparty, Multiforum Trial Jurisdiction Act (“MMTJA”) – 28 U.S.C. § 1369 • Federal jurisdiction requires: • Minimal (not complete) diversity between adverse parties • Single accident, discrete location, 75 deaths • The federal court must abstain from hearing such a civil action if: • The “substantial majority” of plaintiffs and the “primary defendants” are citizens of same state, AND • The laws of that same state will govern the claims asserted

  8. MMTJA Trials • Liability and damages bifurcated: cases remanded to state courts for damages trials • Appeal of liability determination: prior to remand

  9. Class Action Challenges • Industry Specific Issues • Consumer Electronics • Automobiles • Tobacco • Pharmaceutical/Medical Device • Environmental • Aviation • Attorneys’ Fees • Settlement

  10. Recent Developments In Group Actions in the United States Elizabeth Cabraser Sara Gourley Luanne Sacks John Sherk March 2, 2006

More Related