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Full-Text Articles in Law
The Roberts Court And Securities Class Actions: Reaffirming Basic Principles, Eric Alan Isaacson
The Roberts Court And Securities Class Actions: Reaffirming Basic Principles, Eric Alan Isaacson
Akron Law Review
Part II of this Article presents an overview of Roberts Court decisions concerning class litigation...The Article’s primary focus, however, is on a trilogy of Roberts Court decisions concerning class certification in open-market securities fraud cases, where fraudulent statements allegedly manipulated the price of securities traded in the open market: Erica P. John Fund, Inc. v. Halliburton, Co. (“Halliburton I”), Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, and Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”)...Rather than jumping directly into a discussion of the three decisions, which have been extraordinarily good news for investors seeking to prosecute …
The Practical Approach: How The Roberts Court Has Enhanced Class Action Procedure By Strategically Carving At The Edges, Paul G. Karlsgodt, Dustin M. Dow
The Practical Approach: How The Roberts Court Has Enhanced Class Action Procedure By Strategically Carving At The Edges, Paul G. Karlsgodt, Dustin M. Dow
Akron Law Review
This Article explores the practical impacts of the Court’s class-action jurisprudence from 30,000 feet, observing that, with some notable exceptions, the Court has nibbled away at the rough edges of class-action procedure while passing on chances to dictate more drastic reform. Part II is a chronological summary of notable Roberts Court cases that have come to define its approach toward class litigation. Perhaps surprisingly, the Court eased its way to this point, neglecting to grant certiorari in any significant class-action cases for the first four years after the swearing in of Chief Justice Roberts in 2005. That changed in 2009 …
The New Class Action Federalism, Mark Moller
The New Class Action Federalism, Mark Moller
Akron Law Review
Because separation of powers is “an aspect of federalism”10—a mechanism through which federalism is protected—this idea helps connect the Court’s “happenstantial” class action federalism with constitutional principle. This Article develops this idea in three parts. Part I briefly summarizes Richard Marcus’s account of CAFA’s potential to catalyze a kind of hyper-aggressive mass tort nationalism. Part II then reviews how the Roberts Court’s stinting approach to class actions is, to the contrary, throwing a lifeline to federalism. Part III ends by showing how Bayer points to a link, so far undeveloped in the case law, between that stinting approach and the …
The Roberts Court And The End Of The Entity Theory, Andrew J. Trask
The Roberts Court And The End Of The Entity Theory, Andrew J. Trask
Akron Law Review
This Article traces the shift away from the entity theory. It begins with a discussion of the various academic treatments of the entity model, from its first formulation years ago to the more radical “trust device” theories advanced today. It then looks at the various ways in which implicitly adopting the entity model has affected various rulings in class action litigation. Finally, it discusses how the 9–0 opinions in Taylor v. Sturgell, Bayer Corp. v. Smith, and Standard Fire Insurance Co. v. Knowles (buttressed by Justice Elena Kagan’s dissent in Symczyk v. Genesis Health Co.) have made it clear that …
Employment Discrimination Class Actions After Wal-Mart V. Dukes, Michael Selmi, Sylvia Tsakos
Employment Discrimination Class Actions After Wal-Mart V. Dukes, Michael Selmi, Sylvia Tsakos
Akron Law Review
This Article explores the ramifications of Wal-Mart approximately five years after the case was decided. While five years hardly provides definitive data on how the case will be interpreted, it is possible to identify trends in the cases that have been decided to date—trends that are likely to provide insight into the future of class action claims. That future suggests that there will be fewer, and perhaps no, nationwide class actions in cases that do not involve a clear challenged practice (any such cases are likely to be disparate impact cases) and that the prospect for class certification will turn …
The Class Abides: Class Actions And The "Roberts Court", Elizabeth J. Cabraser
The Class Abides: Class Actions And The "Roberts Court", Elizabeth J. Cabraser
Akron Law Review
This Article does not delve deeply into the substantive issues of Wal-Mart, Concepcion, or Italian Colors...My focus is on how Rule 23 has fared, structurally and practically, in the aftermath of the “common answer” formulation of Wal-Mart; three other decisions of the Roberts Court, Dukes, Amgen, and Comcast; and three cases that the Roberts Court did not ultimately take in the wake of Amgen and Comcast: its denials of review in Whirlpool, Butler, and Deepwater. Also discussed is the newly intense debate on the use of cy pres, catalyzed by Chief Justice Roberts’ extraordinary “Statement” accompanying the denial of certiorari …
Front-Loading, Avoidance, And Other Features Of The Recent Supreme Court Class Action Jurisprudence, Richard D. Freer
Front-Loading, Avoidance, And Other Features Of The Recent Supreme Court Class Action Jurisprudence, Richard D. Freer
Akron Law Review
This Article discusses each of the thirteen Supreme Court decisions with the goal of drawing at least tentative conclusions for their impact on federal class practice. The thirteen decisions may be placed into five groups. Only three of the cases directly involve the general interpretation and application of Rule 23, while the other ten fall into four particular substantive areas. Reflecting these divisions, this Article proceeds in five parts. Part I discusses the three cases directly interpreting Rule 23. Part II addresses the three decisions involving securities classes brought under Rule 10b-5. Part III discusses the three decisions involving the …
Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin
Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin
Akron Law Review
This symposium issue on The Class Action After a Decade of Roberts Court Decisions provides perspectives on how the class action has fared under persistent Supreme Court scrutiny. Over the past ten years, the Roberts Court has repeatedly returned to questions concerning class action litigation...This ten-year retrospective on the Roberts Court’s class action decisions provides a timely opportunity to reflect on the Supreme Court’s institutional role in construing the Federal Rules and in creating class action policy through decisions construing Rule 23...The contributors to this symposium focus on the Roberts Court class action decisions as a whole; the Roberts Court’s …