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Recent Class Action Lawsuits in Courts Nationwide

Recent Class Action Lawsuits in Courts Nationwide
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Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out | Fox Rothschild LLP

To embed, copy and paste the code into your website or blog: I read an interesting article in the Morrison & Foerster blog the other day about a case where a class was de-certified because it appeared there was a problem with the lawyers for the class.  As the blog post notes, defense counsel must always be looking for a way to terminate (i.e. dismiss) the case, even after conditional certification is granted and a settlement is expected by the plaintiff’s lawyers.  In this case, the Court became concerned when it became aware that the plaintiff’s lawyer did not appear interested any longer in taking the case to trial. The case is entitled

Second Circuit Affirms Class Decertification Based On Inadequate Representation | Morrison & Foerster LLP - Class Dismissed

To embed, copy and paste the code into your website or blog: Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al[1] is a good reminder that, even after a class is certified, class treatment must remain appropriate throughout the litigation. In Jin, the Second Circuit upheld the decertification of a class after “red flags” alerted the court that plaintiffs’ counsel was no longer serious about taking the case to trial. The opinion is particularly significant in practice areas where settlement is the expectation and trial the exception and it provides a roadmap for defense counsel contemplating a motion to decertify if class counsel does not remain diligent. Whether to do so may depend on the case. A class decertified for counsel’s failures of representation may just be scooped up and reasserted by a different (and more adequate) lawyer. But in cases with serious proof prob

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