Provides that when two or more actions requesting the same certification of a class are filed in two or more Louisiana courts regarding the same transaction or occurrence at the same location, and such classes would encompass one or more of the same plaintiffs suing in the same capacities against the same defendants, the defendant may have all such actions transferred to the district court where the event occurred. Provides that when two or more actions requesting certification of a class are filed in two or more Louisiana courts regarding multiple related transactions or occurrences in different locations, the defendant may have all such actions transferred to the district court where the first suit was brought. Also, if within 30 days of certification of a class action, there are related putative class actions pending, they may be transferred to the court where the related action has been certified. Defines domicile for venue purposes, with regards to a corporation or business, as either the state of formation or the state of its principal place of business, whichever is most pertinent to the particular issue.
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Class Action Reform
Once considered a tool of judicial economy that aggregated many cases with similar facts or similar complaints into a single action, class actions are now considered a means of defendant extortion and national policy-making by local court judges.
PROBLEM: Today, some class actions are meritless cases in which thousands, or millions, of plaintiffs with unique injuries and grievances are granted class status, often without the knowledge of class members. In many of these cases, plaintiffs' counsel negotiate settlements with the defendants early on that allow the defendants to avoid costly litigation, and rewards the plaintiffs' counsel with millions in legal fees. Meanwhile, the class members, who play no role in the negotiation process, and who often have no idea that plaintiffs' lawyers are advancing a lawsuit on their behalf, often receive pennies or nearly-worthless coupons.
ATRA'S POSITION: ATRA supports state legislation that allows only similar plaintiffs from the forum state with similar claims against similar defendants to be certified as a class. ATRA also supports legislation that allows the interlocutory (immediate) appeal of class action certification orders.
OPPOSITION: The personal injury bar's argument against meaningful class action certification standards -- that flexible standards make the process more efficient by incorporating all like claims, and more fair by ensuring representation for plaintiffs with claims that would not otherwise be profitable for attorneys -- fails to address the hardship imposed by abuse of the device on class members, (who receive pennies, while their lawyers receive millions), defendants, (who are often forced to settle unmeritorious lawsuits), and consumers, (who ultimately bear the burden of class actions through increased costs).
The personal injury bar's argument against the interlocutory appeal of class action certification orders -- that such orders are appealable at the end of a case -- fails to take into account the strong incentive that defendants have to settle an unmeritorious case once the class is certified in order to save unnecessary litigation costs.
Louisiana
Updates Louisiana class action laws by providing objective definitions of class action terms, and detailed procedures for class action cases.
Oklahoma
Adopts Iqbal/Twombly language and adds a new requirement for class action lawsuits. Provides that an action may be maintained as a class action if the petition contains factual allegations sufficient to demonstrate a plausible claim for relief.
Defines who can be a member of a class and set a procedure for the court to determine class attorneys and fees to be paid. Allows the court to appoint an independent attorney to represent the class in any dispute over attorneys fees. Provides that in coupon settlements, the attorney shall receive fee in coupons.
Tennessee
Provides for interlocutory appeal of class certifications.
Florida
Provides that a stay of judgment is executed during interlocutory appeal.
Prohibits out-of-state residents from filing lawsuits in Florida courts unless the claim occurred or emanated from the state. Requires claimants to prove actual damages in order to maintain certain types of class actions. Would not preclude the Attorney General from bringing a class action to cover statutory penalties.
Georgia
Specifies detailed procedures for the filing and certification of class action lawsuits. Provides for the interlocutory appeal of class action certifications.
Updates Georgia class action laws by providing for detailed procedures for class action cases. Specifies factors under which a court may decline to exercise jurisdiction in a cause of action of a nonresident occurring outside the state.
Kansas
Provides for the interlocutory appeal of class action certifications.
Missouri
Provides for the interlocutory appeal of class action certifications.
Texas
Provides for the interlocutory appeal of class action certification. Reforms attorney fees whereby fees are based on time and cost expended rather than a percentage of recovery. Provides for stay on all proceedings during appeal of class certification. Provides for administrative relief which requires a court to consider administrative relief from state agencies before certifying a class.
Colorado
Provides for the interlocutory appeal of class action certification.
Alabama
Sets procedures to certify class actions. Codifies Supreme Court rulings to ensure that a defendant receives adequate notice prior to class certification. Provides for an immediate appeal of any order certifying a class or refusing to certify a class, and for an automatic stay of matters in the trial court pending such appeal.
Ohio
Provides for the interlocutory appeal of class action certification.
Provides that when two or more actions requesting the same certification of a class are filed in two or more Louisiana courts regarding the same transaction or occurrence at the same location, and such classes would encompass one or more of the same plaintiffs suing in the same capacities against the same defendants, the defendant may have all such actions transferred to the district court where the event occurred. Provides that when two or more actions requesting certification of a class are filed in two or more Louisiana courts regarding multiple related transactions or occurrences in different locations, the defendant may have all such actions transferred to the district court where the first suit was brought. Also, if within 30 days of certification of a class action, there are related putative class actions pending, they may be transferred to the court where the related action has been certified. Defines domicile for venue purposes, with regards to a corporation or business, as either the state of formation or the state of its principal place of business, whichever is most pertinent to the particular issue.
Adopts Iqbal/Twombly language and adds a new requirement for class action lawsuits. Provides that an action may be maintained as a class action if the petition contains factual allegations sufficient to demonstrate a plausible claim for relief.
Provides for interlocutory appeal of class certifications.
Defines who can be a member of a class and set a procedure for the court to determine class attorneys and fees to be paid. Allows the court to appoint an independent attorney to represent the class in any dispute over attorneys fees. Provides that in coupon settlements, the attorney shall receive fee in coupons.
Provides that a stay of judgment is executed during interlocutory appeal.
Prohibits out-of-state residents from filing lawsuits in Florida courts unless the claim occurred or emanated from the state. Requires claimants to prove actual damages in order to maintain certain types of class actions. Would not preclude the Attorney General from bringing a class action to cover statutory penalties.
Specifies detailed procedures for the filing and certification of class action lawsuits. Provides for the interlocutory appeal of class action certifications.
Provides for the interlocutory appeal of class action certifications.
Provides for the interlocutory appeal of class action certifications.
Provides for the interlocutory appeal of class action certification. Reforms attorney fees whereby fees are based on time and cost expended rather than a percentage of recovery. Provides for stay on all proceedings during appeal of class certification. Provides for administrative relief which requires a court to consider administrative relief from state agencies before certifying a class.
Provides for the interlocutory appeal of class action certification.
Updates Georgia class action laws by providing for detailed procedures for class action cases. Specifies factors under which a court may decline to exercise jurisdiction in a cause of action of a nonresident occurring outside the state.
Sets procedures to certify class actions. Codifies Supreme Court rulings to ensure that a defendant receives adequate notice prior to class certification. Provides for an immediate appeal of any order certifying a class or refusing to certify a class, and for an automatic stay of matters in the trial court pending such appeal.
Provides for the interlocutory appeal of class action certification.
Updates Louisiana class action laws by providing objective definitions of class action terms, and detailed procedures for class action cases.
Constitutionality: Unchallenged
Provides that when two or more actions requesting the same certification of a class are filed in two or more Louisiana courts regarding the same transaction or occurrence at the same location, and such classes would encompass one or more of the same plaintiffs suing in the same capacities against the same defendants, the defendant may have all such actions transferred to the district court where the event occurred. Provides that when two or more actions requesting certification of a class are filed in two or more Louisiana courts regarding multiple related transactions or occurrences in different locations, the defendant may have all such actions transferred to the district court where the first suit was brought. Also, if within 30 days of certification of a class action, there are related putative class actions pending, they may be transferred to the court where the related action has been certified. Defines domicile for venue purposes, with regards to a corporation or business, as either the state of formation or the state of its principal place of business, whichever is most pertinent to the particular issue.
Adopts Iqbal/Twombly language and adds a new requirement for class action lawsuits. Provides that an action may be maintained as a class action if the petition contains factual allegations sufficient to demonstrate a plausible claim for relief.
Provides for interlocutory appeal of class certifications.
Defines who can be a member of a class and set a procedure for the court to determine class attorneys and fees to be paid. Allows the court to appoint an independent attorney to represent the class in any dispute over attorneys fees. Provides that in coupon settlements, the attorney shall receive fee in coupons.
Provides that a stay of judgment is executed during interlocutory appeal.
Prohibits out-of-state residents from filing lawsuits in Florida courts unless the claim occurred or emanated from the state. Requires claimants to prove actual damages in order to maintain certain types of class actions. Would not preclude the Attorney General from bringing a class action to cover statutory penalties.
Specifies detailed procedures for the filing and certification of class action lawsuits. Provides for the interlocutory appeal of class action certifications.
Provides for the interlocutory appeal of class action certifications.
Provides for the interlocutory appeal of class action certifications.
Provides for the interlocutory appeal of class action certification. Reforms attorney fees whereby fees are based on time and cost expended rather than a percentage of recovery. Provides for stay on all proceedings during appeal of class certification. Provides for administrative relief which requires a court to consider administrative relief from state agencies before certifying a class.
Provides for the interlocutory appeal of class action certification.
Updates Georgia class action laws by providing for detailed procedures for class action cases. Specifies factors under which a court may decline to exercise jurisdiction in a cause of action of a nonresident occurring outside the state.
Sets procedures to certify class actions. Codifies Supreme Court rulings to ensure that a defendant receives adequate notice prior to class certification. Provides for an immediate appeal of any order certifying a class or refusing to certify a class, and for an automatic stay of matters in the trial court pending such appeal.
Provides for the interlocutory appeal of class action certification.
Updates Louisiana class action laws by providing objective definitions of class action terms, and detailed procedures for class action cases.
