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In A Class Of Its Own: Bristol-Myers Squibb'S Worrisome Application To Class Actions, Grant Mcleod
In A Class Of Its Own: Bristol-Myers Squibb'S Worrisome Application To Class Actions, Grant Mcleod
Akron Law Review
The Supreme Court’s holding in Bristol-Myers Squibb Co. v. Superior Court has far-reaching implications for federally filed class actions. While the case concerned a mass action in the California state courts, the opinion contained strong dicta to suggest its principles of specific jurisdiction could be applied to federal class—an entirely different procedural tool with its own host of complexities and problems. In the three years following the decision, federal district courts are split on how to apply the Bristol-Myers Squibb analysis to class actions. A distinct category of courts have applied the analysis to dismiss absent class members’ claims when …
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 …
Will Employment Discrimination Class Actions Survive?, Melissa Hart
Will Employment Discrimination Class Actions Survive?, Melissa Hart
Akron Law Review
This paper will argue that the changes wrought by the Civil Rights Act of 1991 do not in fact pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right in the Civil Rights Act of 1991 may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class action either impermissible under Rule 23 or violative of due process or Seventh Amendment jury trial rights. Courts and commentators who insist that …
Defining The Word: "Maintain"; Context Counts, Jack Friedenthal
Defining The Word: "Maintain"; Context Counts, Jack Friedenthal
Akron Law Review
To understand what a word means, especially one such as “maintain” that has multiple formal definitions, one must consider the background and purpose for which it is utilized.