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Recent Posts
- Court Rules on Social Media Sites' Privacy Settings
- Impact Fee or Illegal Tax?
- "Massive" E-Discovery Failures Result in $8.5 Million Sanction
- Strategic Defense in Criminal Antitrust Case Can Impact Civil Class Action Case Outcomes
- Class Actions Unconstitutional?
- Justice Sotomayor Speaks!
- ERISA and Federal Rule 23... Point 1
- Summary of ERISA "Excessive Fees" Litigation in 15 Minutes
- You Have to Love a Great Opening Line!
- What in the World Is Barratry and Why Do I Care?
Other KMK Blogs
Class Actions Unconstitutional?
For a more theoretical and mildly controversial read regarding class actions, follow the argument and articles (like the recent article in the February 8, 2010 issue of Forbes) of Northwestern University School of Law Professor Martin Redish, who is now suggesting that Rule 23 may be unconstitutional.
Justice Sotomayor Speaks!
Justice Sotomayor wrote her first substantive opinion as a Supreme Court Justice, and it is a good read and a good wake up call for class action practitioners.
Summary of ERISA "Excessive Fees" Litigation in 15 Minutes
ERISA class action litigation has become a niche practice. Originally, ERISA class actions were tag-along suits in securities cases. In recent years, plaintiffs have sought to certify ERISA class actions on a broad variety of breach of fiduciary duty claims. One such variety was the "excessive fees" claim — a claim that the plan sponsor and/or administrator breached its fiduciary duty to a class of plan participants by allowing unreasonable or excessive fees to be charged to the class on the investments offered through the Plan.
You Have to Love a Great Opening Line!
Everyone practicing in this area knows that over the past several years, hundreds of "stock drop" class action complaints have been filed around the country against virtually every public company and financial institution — whether they survived the worst economic crisis since the Great Depression or not.
What in the World Is Barratry and Why Do I Care?
"Barratry" dates back to 15th Century Middle English and is defined by Mirriam Webster's Dictionary as: (1) the purchase or sale of office or preferment in church or state; (2) an unlawful act or fraudulent breach of duty by a master of a ship or by the mariners to the injury of the owner of the ship or cargo; and (3) the persistent incitement of litigation. Barratry is a common law crime in some states and a civil tort or equitable defense in others.
Sixth Circuit Practitioners: The Standard Is Coming, the Standard Is Coming!
Over the past several years, circuit courts have started to provide more specific guidance on the countours of the "rigorous" analysis required by district courts in deciding whether to certify a class.