Mass Tort Litigation Blog

One Fund Boston

Over at the Conglomerate Blog, Christine Hurt has a great post on the One Fund Boston and individual victim fundraising.  Her blog post is entitled One Fund Boston, Torts and Social Capital.

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Some Links to Analysis of the Wal-Mart Opinion

Wal-Mart around the blogs:

Adam Steinman's recap of the case is available on Civil Procedure & Federal Courts Prof Blog.

Sergio Campos analyzes the case on Prawfsblawg.

Lyle Dennison's analysis is on Scotusblog.  Dennison points out the concrete importance of Wal-Mart v. Dukes for mass torts, particularlyPhilip Morris USA, Inc., et al., v. Jackson (docket 10-735) :

That is a case that turns entirely on constitutional questions — a massive class-action lawsuit against the nation’s major cigarette companies in Louisiana state court that resulted in an award of $270 million to a class of former smokers.

Justice Scalia stayed that ruling last September.  The Court has been holding the case until it decided the Wal-Mart case.  It now is expected to take action on that case; its options include granting the case, or sending it back to Louisiana courts to consider the impact of the Wal-Mart decision.   Since the Wal-Mart decision turns mainly upon the meaning of a federal court rule (Rule 23) that does not apply to class-action lawsuits in state court, it is unclear how much specific guidance state courts could take from Monday’s decision.

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Can Liz Warren Save Class Actions?

Nathan Koppel at the WSJ blog weighs in - not in the near term is the answer. In the meantime, Congress might act.   Here is a link to the proposed legislation: the Arbitration Fairness Act.

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