Michael Nelson

Michael Nelson

Nelson Brown & Co.

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Courts Evaluating Class Settlement with Increased Scrutiny

The potential for enormous financial exposure for defendants in class actions often results in settlement, particularly after class certification. Courts have traditionally granted “rubber-stamp” approval of such settlements,...more

10/23/2014 - Class Action Settlement

Supreme Court to Address Standard of Removal Under the Class Action Fairness Act

Last year in Standard Fire v. Knowles, 133 S. Ct. 1345 (2013), the U.S. Supreme Court held that class action plaintiffs could not avoid removal to federal court under the Class Action Fairness Act of 2005 (CAFA) by...more

6/23/2014 - CAFA Class Action Class Certification Dart Cherokee Basin Operating Co. v. Owens Removal SCOTUS Standard Fire Ins. Co. v. Knowles

Class Action Litigation: A Look at What is Ahead in 2014

2013: The Year in Review - Supreme Court Issues Two Notable Opinions on Class-Wide Arbitration - The United States Supreme Court issued two opinions in 2013 recognizing that class-wide arbitration will...more

1/16/2014 - American Express v Italian Colors Restaurant Arbitration Ascertainable Class CAFA Class Action Class Action Arbitration Waivers Comcast v. Behrend FRCP 23(b)(3) Mississippi ex rel. Hood v. AU Optronics Oxford Health v Sutter Parens Patriae SCOTUS

Class Action Quarterly - Winter 2013, Volume 2, Issue 1

In This Issue: - Is the Ascertainability “Requirement” Plaintiffs’ New Foe? - Whirlpool and Butler: Liability-Only Classes in a Post-Comcast World - Recent Cases of Note - Excerpt from Is the Ascertainability...more

12/19/2013 - American Express v Italian Colors Restaurant Arbitration Agreements Ascertainable Class AT&T Mobility v Concepcion Butler Butler v Sears CAFA Class Action Class Certification Comcast v. Behrend Filed-Rate Doctrine FRCP 23(b)(3) FRCP 23(c)(4) Liability-Only Class Offer of Judgment Roebuck and Co. Whirlpool

FIO Focus - December 2013, Issue No. 44

The Federal Insurance Office (FIO) released its long-awaited report, "How to Modernize and Improve the System of Insurance Regulation in the United States" (Report) on December 12, 2013. In its Report, the FIO acknowledges...more

12/13/2013 - Federal Insurance Office Insurance Reform Insurance Regulations NAIC

FIO Focus - November 2013, Issue 43

On November 19, 2013, the House Financial Services Subcommittee on Oversight and Investigations held a hearing entitled "A General Overview of Disparate Impact Theory." The hearing covered the use of disparate impact...more

11/19/2013 - Congressional Investigations & Hearings Cybersecurity Discrimination Disparate Impact FHA Mortgages Mount Holly v Mt. Holly Citizens in Action Terrorism Insurance

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