Section Newsletter Articles on Class Action

Proposed class action not mooted by defendant’s tender By Michael R. Lied Civil Practice and Procedure, November 2015 The important consideration in determining whether a named representative’s claim is moot is whether that representative filed a motion for class certification prior to the time when the defendant made its tender.
Narrowing the scope and timeline for class certification: Let’s see who gets to the courthouse first By Hon. James Fitzgerald Smith and Sonja Dimitrijevic Civil Practice and Procedure, October 2011 In order to avoid mooting a class action each time a tender was offered to a class representative prior to certification, Illinois appellate courts gradually developed the so-called “pick off” exception, under which they would permit a class action to proceed so long as the plaintiffs pursued the action with “reasonable diligence.” The recent case of Barber v. American Airlines, Inc., however, recently changed the landscape.
AT&T Mobility, LLC v. Concepcion: An unprecedented change in consumer class action availability By Carolyn A. Thiess Corporate Law Departments, September 2011 The decision of AT&T Mobility, LLC v. Concepcion greatly hinders the availability of class action proceedings under Federal Rule of Civil Procedure 23, as well as class action arbitrations, and represents a major victory for corporations.
Plaintiffs strike out in bids for remand in Class Action Fairness Act cases By Michael R. Lied Federal Civil Practice, September 2010 Summaries of the recent cases of Cunningham Charter Corporation v. Learjet, Inc. and In re: Burlington Northern Santa Fe Railway Co.