Class Action Ohio

A grim look inside the e-discovery problem

The dilemma of extensive discovery involved in complex class action litigation.

12.05.2011

Concepcion, collective-arbitration waivers, and the business of insurance: Arkansas Supreme Court says the McCarron-Ferguson Act reverse preempts the FAA

Following the Supreme Court's decision in AT&T Mobility, Inc. v. Concepcion, 113 S. Ct. 1740 (2011), it seemed clear that states possessed little power to limit the enforcement of arbitration provisions and class action waivers in consumer contracts.

Class Action Ohio

Arbitration, Federal Class Action Law, Insurance Industry, Other Jurisdictions

12.01.2011

Indiana federal district court refuses to issue writ of mandamus to judicial panel on MDL

MDL Case No. 1700 concerns more than 70 class action cases against FedEx Ground Package System, Inc. (FedEx) consolidated in the Northern District of Indiana, alleging that FedEx improperly classified its delivery drivers as independent contractors rather than employees.

Class Action Ohio

Federal Class Action Law

11.30.2011

Cleveland Plain Dealer highlights Ohio connection in First American Financial v. Edwards pending in the U.S. Supreme Court

The U.S. Supreme Court heard oral argument yesterday in First American Financial, et al. v. Edwards, U.S. Supreme Court Docket No. 10-708.

Class Action Ohio

Federal Class Action Law, Standing, U.S. Supreme Court

11.29.2011

Seventh Circuit decides settlement with class representative moots the class complaint

The Seventh Circuit Court of Appeals recently held a defendant may moot a plaintiff's class action complaint by "offer[ing] him his full request for relief."

Class Action Ohio

Federal Class Action Law, Settlements

11.28.2011

Sixth Circuit affirms decision striking class allegations in challenge to health care discount program, calling class treatment inefficient, unworkable, and inconsistent with Rule 23

Sixth Circuit Affirms Decision Striking Class Allegations in Challenge to Health Care Discount Program, Calling Class Treatment Inefficient, Unworkable, and Inconsistent with Rule 23

Class Action Ohio

Sommer L. Sheely

Civil Rule 23 Requirements, Class Action Fairness Act, Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law

11.23.2011

Ohio's Eighth Appellate District affirms denial of class certification in Maestle v. Best Buy due to lack of unambiguous, identifiable class

Determining whether a complaint properly identifies and defines a class is a critical step in determining whether class certification is appropriate. If a class definition is overbroad, unambiguous, unidentifiable or failsafe, certification should generally be denied. Federal case law is developed on this point. Ohio cases, on the other hand ...

Class Action Ohio

Sommer L. Sheely

Class Definitions

11.22.2011

Proposed Settlement Offered In National City Bank Securities Litigation

A proposed settlement has been filed in the case of In re National City Corporation Securities, Derivative & ERISA Litigation Class Action, MDL No. 2003, Northern District of Ohio Case No. 1:08-NC-70004.

Class Action Ohio

Banking Industry, Securities Class Actions, Settlements

11.22.2011

With fracing comes litigation: What Ohio courts can expect as horizontal drilling and hydraulic fracturing begin in Ohio

A survey of litigation, from lease disputes to personal injury claims, arising from hydraulic fracturing in Ohio and across the country.

Class Action Ohio

Drew H. Campbell

Ohio Class Action Law

11.21.2011

E-Discovery spoliation sanction standards in Ohio state and federal courts: Differing culpable mental states

The No. 1 E-Discovery issue vexing businesses and other organizations today is how far to go in preserving evidence for litigation.

Class Action Ohio