Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Supreme Court of the United States

University of Colorado Law School

Class actions

Articles 1 - 3 of 3

Full-Text Articles in Law

Civil Rights And Systemic Wrongs, Melissa Hart Jan 2011

Civil Rights And Systemic Wrongs, Melissa Hart

Publications

Systemic employment discrimination is a structural, social harm whose victims include not only those who can be specifically identified, but also many who cannot. Pattern and practice claims in employment litigation are an essential tool for challenging this structural harm. Unfortunately, the Supreme Court's decision in Wal-Mart v. Dukes brushes aside the systemic nature of the plaintiffs' claims, making both theoretical and doctrinal mistakes in its application of the procedural and substantive law applicable in employment discrimination class action litigation. The most troubling part of the Court's opinion--its rejection of statistical modeling for remedial determinations--has received little attention. This article …


Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux Jan 2011

Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux

Publications

No abstract provided.


Dura Duress: The Supreme Court Mandates A More Rigorous Pleading And Proof Requirement For Loss Causation Under Rule Lob-5 Class Actions, Jared Neas Jan 2007

Dura Duress: The Supreme Court Mandates A More Rigorous Pleading And Proof Requirement For Loss Causation Under Rule Lob-5 Class Actions, Jared Neas

University of Colorado Law Review

The Supreme Court's holding in Dura Pharmaceuticals, Inc. v. Broudo imposes a heightened pleading requirement for private plaintiffins misrepresentation or omission securities class actions under Rule lOb-5. The Court verified that a plaintiff must adequately plead loss causation in its complaint and rejected the Ninth Circuit's interpretation of the loss causation standard. The Supreme Court held that the plaintif's pleadings in Dura did not meet the loss causation requirement of the Private Securities Litigation Reform Act ("PSLRA'). The Court also rejected the Ninth Circuit's requirement that the alleged misconduct merely "touch upon " the economic loss. Instead, the Supreme Court …