Publications

Section Newsletter Articles on Class Actions

Plaintiffs strike out in bids for remand in Class Action Fairness Act cases By Michael R. Lied Federal Civil Practice, March 2012 The Act creates federal diversity jurisdiction over certain class actions in which at least one member of the class is a citizen of a different state from any defendant. 28 U.S.C. § 1332(d)(2). The Act applies to any class action within the Act’s scope before or after the entry of a class certification order.  
Group offers to multiple plaintiffs: When that dog won’t hunt By Peter R. Coladarci and Elena Martinez Tort Law, December 2008 In an injury case with multiple plaintiffs, it is not unusual for the defendant to make an undifferentiated offer to the group, and let the plaintiffs and their lawyers sort out the appropriate allocation of the amount offered.
Enforceability of Class Action Waivers: Kinkel v. Cingular Wireless, LLC By Allen S. Goldberg and W. Dan Lee Civil Practice and Procedure, April 2007 The Kinkel court stands for the proposition that the question of the unconscionability of a class action waiver, even if it is contained in the mandatory arbitration clause, must be determined on a case-by-case basis.