February 8, 2013
Judge Rules on Motion to Dismiss Second Amended Complaint in BP Securities Litigation
On February 6, Judge Keith Ellison in the Southern District of Texas granted in part and denied in part defendants' motion to dismiss the Second Amended Complaint in MDL No. 10-md-2185, In re BP p.l.c. Securities Litigation. The ruling was summarized in the National Law Journal as "allow[ing] investors to go forward on claims that BP and former chief executive officer Anthony Hayward misled the public about the scope of BP's operating management system, or OMS—a safety program introduced before the 2010 [Deepwater Horizon] disaster spread millions of gallons of oil throughout the Gulf of Mexico."
Rate of Class Action Filings Hard To Gauge, Commentator Reports
An online ABA Section of Litigation article by Robert J. Herrington, “The Numbers Game – Dukes and Concepcion” attempted to address whether class action filings may be down after Dukes and Concepcion. Like many of us, he discovered that such data is generally unavailable. His review of several non-random surveys was inconclusive.
February 7, 2013
Stanford Law School Symposium (Feb. 8): Lessons from the Chevron Ecuador Litigation
Tomorrow is the Stanford Journal of Complex Litigation’s inaugural symposium. Details and a full list of speakers below:
PS: As you may have seen, last week witnessed some new developments in the Chevron-Ecuador litigation.
February 6, 2013
Mississippi Law Journal Symposium: Poverty and Access to Justice (Friday, Feb. 8)
Details and a list of speakers available at The Faculty Lounge.
You can RSVP here, using the following information:
- Event ID: 1881
- Event Password: Supra
What do Ronald Reagan and Bob Marley have in common?
Answer #1: Today is their birthday.
Answer #2: They were never on Twitter.
If any of our readers would like to get links to this blog’s posts via Twitter, follow @Adam_Steinman. That’s likely to be the bulk of my Twitter feed (I don’t know how to make cat GIFs.)
Here are some other folks in the civil-procedure-federal-courts-o-sphere that I’ve come across so far…
- Cynthia Fountaine (Southern Illinois University), @clfountaine
- Jasminka Kalajdzic (University of Windsor), @JKal
- Benjamin Spencer (Washington & Lee University), @PROFSPENCER
- Beth Thornburg (Southern Methodist University), @btSMU
- Steve Vladeck (American University), @steve_vladeck
- Kevin Walsh (University of Richmond), @kevincwalsh
- Mr. T, @MrT
I’m new at this, so if you know of others please feel free to share.
February 5, 2013
8th Circuit Decertifies Rule 23(b)(3) Class Action Involving Domino's Delivery Drivers
Yesterday the U.S. Court of Appeals for the Eighth Circuit issued its decision in Luiken v. Domino’s Pizza, LLC, which begins:
The district court certified a Rule 23(b)(3) class of about 1,600 Minnesota delivery drivers employed by Domino’s Pizza LLC between March 6, 2006, and February 28, 2010. The drivers allege that, under Minnesota law, a fixed delivery charge that customers paid Domino’s was a gratuity wrongfully withheld from them. This court granted an interlocutory appeal and now reverses the class certification.
Coverage here (from Brendan O’Brien, Thomson Reuters).
(Hat tip: Michelle Olsen, @AppellateDaily)