Consumer Law & Policy Blog

« January 2021 | Main | March 2021 »

Wednesday, February 03, 2021

Read comprehensive study of appellate decisions on class certification, with discussion of impact of FRCP 23(f)

Law profs Stephen Burbank and Sean Farhang have written Class Certification in the U.S. Courts of Appeals: A Longitudinal Study. Here is the abstract:

There is a vast literature on the modern class action, but little of it is informed by systematic empirical data. Mindful both that there have been few Supreme Court class certification decisions and that they may not provide an accurate picture of class action jurisprudence, let alone class action activity, over time, we created a comprehensive data set of class certification decisions in the United States Courts of Appeals consisting of all precedential panel decisions addressing whether a class should be certified from 1966 through 2017, and of nonprecedential panel decisions from 2002 through 2017.

In Section I, through a literature review, we identify both prior empirical scholarship and commonly asserted claims concerning federal class action activity and jurisprudence over time. In Section II we present our data and explore the light they shed on questions that have been raised, and assertions that have been made, about class action certification decisions in the U.S. Courts of Appeals. Our findings show that, contrary to conventional expectations, in the period since Wal-Mart and Comcast, plaintiffs have been winning certification appeals more frequently than they were formerly, and Rule 23(f) contributed to this recent success. This growth in pro-certification outcomes occurred on both Democratic- and Republican-Majority panels.

Continue reading "Read comprehensive study of appellate decisions on class certification, with discussion of impact of FRCP 23(f)" »

Posted by Brian Wolfman on Wednesday, February 03, 2021 at 02:11 PM | Permalink | Comments (0)

Monday, February 01, 2021

Weak Maryland anti-SLAPP law enables noisy bar to preserve its liquor license

by Paul Alan Levy

Last month, a Fells Point restaurant was able to use an apparently baseless threat of defamation litigation to secure a vote renewing its liquor license by the liquor control board despite considerable neighborhood complaints. Baltimore attorney Scott Marder apparently a demand letter to every one of the 15 neighbors who objected, alleging that they had made false statements, stating Choptank’s intention to sue them, and threatening them with spoliation sanctions if they failed to preserve all evidence of their statements about his client

The neighbors’ lawyer, Becky Witt, told me that her clients were intimidated, but that, when she called Marder and asked just that the alleged falsities where, Marder couldn’t remember any specifics. Marder denied Witt’s account of their conversation, but he refused say just what Witt had recounted incorrectly, just as he declined to tell me what alleged false statements had been made about his client. I conclude that his demand letters to the neighbors were baseless.

But Marder’s exercise in baseless intimidation appears to have been effective representation of his client: only three neighbors showed up at the license renewal hearing, and the objections were rejected for lack of substantial evidence.

Continue reading "Weak Maryland anti-SLAPP law enables noisy bar to preserve its liquor license" »

Posted by Paul Levy on Monday, February 01, 2021 at 01:19 PM | Permalink | Comments (0)

« More Recent