Alerts

BakerHostetler 2013 Year-End Review of Class Actions

...and what to expect in 2014

Alerts / January 21, 2014

We are pleased to share with you the BakerHostetler 2013 Year-End Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation continues to persist in all areas of civil litigation, and the doctrines governing class action disputes came under heavy Supreme Court scrutiny in 2013. The Court issued one landmark class action decision after another in 2013, crafting new standards and rules that are sure to prominently shape the foreseeable future of class action litigation throughout the country.

We hope you find this Review a useful tool as you move forward into the new year. This comprehensive analysis of last year's developments in class action procedure and jurisdiction, as well as developments by subject matter will hopefully provide context and insight as you look ahead to 2014's expected trends in class action law, including the increasing emphasis on fine-tuning Rule 23's certification requirements, the continued proliferation of privacy class action litigation, and the impact of key forthcoming decisions affecting securities class actions.

The Review is a joint project of the firm's Class Action Defense, Antitrust and Competition, Privacy and Data Protection, Securities Litigation and Regulatory Enforcement, Appellate and Major Motions, and Employment Class Actions practice teams and is the fruit of collaborative efforts of numerous attorneys from across the firm.

For updates throughout the year, please be sure to visit the blogs sponsored by each of these practice teams: Class Action Lawsuit Defense Blog, Antitrust Advocate, Data Privacy Monitor, and Employment Class Action Blog.

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In The Blogs

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Class Action Lawsuit Defense
Standing in Uncertainty: Spokeo Three Years Later
By Brittany N. Lockyer, Kenneth G. Prabucki
May 21, 2019
In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete harm” requirement...
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Class Action Lawsuit Defense
Supreme Court: Express Consent Required for Class Arbitration
May 14, 2019
On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration. In Lamps Plus, Inc. v. Varela, the Supreme Court voted 5-4 to...
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Class Action Lawsuit Defense
BakerHostetler Q1 2019 Insurance Class Action Update
April 25, 2019
The new year began with dramatic growth in vehicle total loss class actions over payment of sales tax and title transfer and registration fees, interpretations of the filed rate doctrine, and further activity in labor depreciation class...
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Class Action Lawsuit Defense
Caution: Precertification Communications with Absent Class Members
March 28, 2019
Are absent members of an uncertified class or Fair Labor Standards Act (FLSA) collective action “parties” and thus “represented” by plaintiff’s counsel? If so, is defense counsel prohibited from speaking with absent class members? At first...
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Class Action Lawsuit Defense
Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification
By William DeVinney
March 19, 2019
Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23. The Supreme...
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