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Class Actions: The Law of 50 States. - Product Image

Class Actions: The Law of 50 States.

  • Published: August 2014
  • Region: United States
  • 956 Pages
  • ALM Media, LLC

Class Actions: The Law of 50 States is an up-to-date step-by-step guide to: identifying a potential class action; determining ex parte class certification; conducting pre-certification discovery; selecting a proper class representative; preparing pleadings and pre-certification motion papers; responding to motions and counterclaims; fulfilling requirements for class certification; delivering timely and proper notice to class members; pursuing the case through discovery and trial, or settling the case and winning the court's approval; and satisfying the rigorous guidelines governing fee awards.

This comprehensive resource analyzes the effect of the Supreme Court's decision in Rent-A-Center v. Jackson in future class action cases. The advantages and disadvantages of noncash settlements and suggestions for avoiding problems with class counsel fees are discussed. Also featured is an explanation of settlement stipulations, aggregation and distribution of settlement coupons and cy pres settlements.

CHAPTER 1
Background to Class Action Litigation
- 1.01 The Nature and Purpose of the Class Action
[1] The Basic Elements of a Class Action
[2] Purpose
- 1.02 Historical Origins
[1] The English Courts of Equity
[2] United States Federal Courts
[3] State Courts
- 1.03 Recognizing and Analyzing Potential Class Action Litigation
- 1.04 Rules, Guidelines and Interpretations
[1] Federal Rule 23
[2] The Uniform Law Commissioners' Model Class Actions Rule
[3] State Class Action Rules

CHAPTER 2
Selecting a Proper Class Representative
- 2.01 Individual Standing
[1] Plaintiff Class Actions
[2] Defendant Class Actions
- 2.02 Representative Standing
[1] Practical Considerations
[2] Typical Claims
[3] Differing Damage Claims and the Effect on Typicality
[4] Typicality and Common Law Fraud Actions

CHAPTER 3
The Complaint
- 3.01 Basic Pleadings
[1] The Case Caption
[2] Identifying the Named Parties and the Nature of the Action
[3] Identifying the Class
[4] Preliminary Statement
[5] Damages
- 3.02 Pleading Specific Causes of Action
[1] Breach of Contract and Express Warranty
[2] Common Law Fraud
[3] Consumer Protection Statutes
[4] Breach of Fiduciary Duty
[5] Unjust Enrichment
[6] Negligence

CHAPTER 4
Pre-Class Certification Litigation Practice
- 4.01 In General
- 4.02 The Preliminary Conference and the Answer to the Complaint
[1] The Preliminary Conference
[2] The Answer
[3] Recusal and Disqualification of Class Counsel
- 4.03 Defendant's Motion to Dismiss
[1] Failure to State a Claim
[2] Pleading Deficiencies
[3] Lack of Jurisdiction
[4] Standing
[5] Mandatory Arbitration Clauses, Choice of Law Clauses, Class Action Waivers and Class Arbitration Waivers: Motions to Compel Arbitration and Stay or Dismiss Class Action Claims
[6] Striking Class Allegations
[7] Removal of State Court Class Actions to Federal Court and Remand Back
[8] Competing Class Actions
[9] Plaintiffs' Motion to Strike Class Allegations
- 4.04 Motions for Summary Judgment
[1] Defendant's Motion for Summary Judgment [2] Plaintiff's Motion for Summary Judgment or Preliminary Relief
- 4.05 Destruction of Records
- 4.06 Communicating with the Class Representative or with Potential and Actual Class Members
[1] Offers to the Class Representative and “Pick Off” Cases
[2] Court Control of Communications with Class Members
- 4.07 Pre-Certification Discovery
[1] Discovery of Plaintiffs
[2] Discovery of Defendants
- 4.08 Counterclaims
- 4.09 Lawsuits and Sanctions Against Class Representatives, Defendants and Their Attorneys

CHAPTER 5
Procedural Aspects of the Motion for Class Certification
- 5.01 Issues Before the Court
[1] Burden of Proof
[2] Status Prior to Class Certification
- 5.02 The Timing and the Format of the Certification Motion
[1] Timing
[2] Format
- 5.03 Appeals of Certification Orders

CHAPTER 6
Requirements for Class Action Certification
- 6.01 Basic Considerations
- 6.02 Class Identification
- 6.03 Numerosity
- 6.04 Common Questions of Law and Fact
[1] Predominance
[2] Differing Damages
[3] Breach of Contract
[4] Breach of Warranty
[5] Common Law Fraud
[6] Unfair and Deceptive Trade Practices
[7] Breach of Fiduciary Duty
[8] Negligence
[9] Mass Torts
[10] Violation of State and Federal Statutes
[11] Declaratory Judgments and Injunctive Relief
[12] State Civil RICO Claims
- 6.05 Typicality of Claims and Adequacy of Representation
[1] Typicality
[2] Adequacy of Representation
- 6.06 Superiority of the Class Action Device
[1] Mandatory Arbitration
[2] Motions To Stay Class Actions and Compel Arbitration
[3] Class Wide Arbitration Proceedings
[4] Overcoming Arbitration Clauses
[5] The Costs of Arbitration
- 6.07 Manageability
[1] De Minimis Damages
[2] Fluid Recovery Concepts
[3] Jurisdiction Over Non-Residents
[4] Improper Venue and Forum Non Conveniens
[5] Choice of Law Considerations
[6] Limiting Class Actions to One State
[7] Trial Plans
- 6.08 Consideration of the Merits
- 6.09 Selection of Lead Class Action Counsel
[1] The Private Securities Litigation Reform Act
[2] Fee Auctions
[3] Intervention to Protect the Class
- 6.10 Modification and Decertification Orders
- 6.11 Sanctions Against Class Action Attorneys

CHAPTER 7
Notice of the Action to Class Members
- 7.01 Supreme Court Guidelines
- 7.02 State Practice
[1] The Timing of the Notice
[2] Mandatory vs. Discretionary Notice
[3] Contents of the Notice
[4] Methods of Notice
[5] Cost of Notice

CHAPTER 8
Discovery and Trial
- 8.01 Preparing for Trial
- 8.02 Discovery
[1] Discovery by Plaintiffs
[2] Discovery by Defendants
- 8.03 Trial of the Class Action
[1] Bifurcation and Subclassing
[2] Representative Proof
[3] Using Class Members as Witnesses
[4] Inferences and Circumstantial Evidence

CHAPTER 9
Settlements
- 9.01 Settling Class Actions
- 9.02 Approval of the Court
[1] In General
[2] The Court as Guardian of the Class
- 9.03 Settlement Procedures
[1] Stipulation of Settlement
[2] Preliminary Court Approval
[3] Notice of the Proposed Settlement
[4] The Settlement Hearing
[5] Finality, Collateral Attacks and Injunctions

CHAPTER 10
Costs and Attorneys' Fees
- 10.01 Introduction
- 10.02 Fees Based on a Percentage of Recovery
[1] Criticism of the Lodestar Method
[2] Attorneys' Fees in Coupon Settlements
[3] Common Fund Fees Based Upon Benefits Generated for Opt-Outs and Other Non-Class Beneficiaries
[4] Interim Fee Awards
- 10.03 The Lodestar Approach to the Payment of Fees
[1] Policy Considerations
[2] Time and Costs Records
[3] Establishing Beneficial Hours and Expenses
[4] Establishing the Hourly Rate
[5] Lodestar Computation
[6] Augmentation of the Lodestar
[7] Responsibility for Payment
[8] Fee Disputes
- 10.04 Applying for the Fee and Notifying the Class
[1] The Time of Filing the Application
[2] Disclosure of Fee Sharing Arrangements
[3] Notice to the Class
[4] The Final Fee Application

Appendices
Index

Thomas A. Dickerson



Judge Dickerson is an Associate Justice of the Appellate Division, Second Department of the New York State Supreme Court, and the author of over 280 legal articles in the areas of consumer law, tax certiorari, travel law and class actions. He is also the author of Class Actions: The Law of 50 States published by Law Journal Press

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