GMA Presentation by jolinmilioncherie

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									Recent Developments In Group
Actions in the United States

Elizabeth Cabraser
Sara Gourley
Luanne Sacks
John Sherk           March 2, 2006
Agenda
     Recurring Issues In U.S. Class Action Cases
          Litigation vs. Settlement
          Statewide vs. Nationwide
          Opt-in vs. Opt-out Classes
          Attorneys’ Fees

     Efforts To Address These Issues

          Multi-District Litigation
          Tort Actions Under CAFA
          Mass Actions under MMTJA
          Administrative Claims Processes
             Vaccine
             Black Lung
             Asbestos?

     Challenges
Which Forum’s Law Will Apply

    In re Phillips Petroleum Co. v. Shutts, 472 U.S.
     797
        forum must have “significant contact or significant
         aggregation of contacts” to claims of each class
         member such that applying law would not be
         arbitrary or unfair
  Phillips determines which jurisdictions’ law
   could apply, not necessarily which
   jurisdiction’s law must
  Analysis complicated by “Depecage”
        issue-specific choice of law
Why Does Choice of Law
Matter ?
   No federal consumer fraud or tort damages
    statutes

   Each state legislates independently
       Some allow consumer class actions
       Some cap damages
       Some do not allow punitive damages
       Statutes of limitation differ

   Choice of law can determine viability of claims
       Country
       State
MultiDistrict Litigation (“MDLs”)

  MDL statute centralizes multiple federal
   cases in one forum
  Coordinates pretrial litigation
  Mechanism to aggregate claims even
   absent class actions
  No statute requires state courts to
   coordinate
  Some states have intra-state “MDLs”
Class Action Fairness Act - 28
U.S.C. § 1332

   “Federalizes” Interstate Class Actions

   2 main provisions:
     Expands federal jurisdiction/removal
     Requires notification to state and federal
      authorities of all proposed settlements
Multiparty, Multiforum Trial Jurisdiction Act
(“MMTJA”) – 28 U.S.C. § 1369

   Federal jurisdiction requires:

       Minimal (not complete) diversity between adverse parties

       Single accident, discrete location, 75 deaths

   The federal court must abstain from hearing such a
    civil action if:

       The “substantial majority” of plaintiffs and the “primary
        defendants” are citizens of same state, AND

       The laws of that same state will govern the claims asserted
MMTJA Trials

 Liability
          and damages bifurcated:
  cases remanded to state courts for
  damages trials

 Appeal of liability determination: prior
  to remand
Class Action Challenges

   Industry Specific Issues
     Consumer Electronics
     Automobiles
     Tobacco
     Pharmaceutical/Medical Device
     Environmental
     Aviation

 Attorneys’ Fees
 Settlement
Recent Developments In Group
Actions in the United States

Elizabeth Cabraser
Sara Gourley
Luanne Sacks
John Sherk           March 2, 2006

								
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