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22 Class Actions & Derivative Suits 1 (2011-2012)

handle is hein.aba/cadsu0022 and id is 1 raw text is: / Class Actions and Derivative, Suits ' ' FROM ThE HCTION OF .ITIGAMION CLASS AC7INS AND DERIVATIVE SUITS , COMM E FaD /inter 2011 Vol 22 No. 1 TABLE OF CONTENTS Articles * The End of Federal Injunctions of State Certification? By Stuart M. Feinbatt A recent Supreme Court ruling suggests that federal courts are never authorized to enjoin state-court, class-action proceedings, at least under the re-litigation exception. What You Need to Know about Wa/-Mart v. Dukes By Stephen G. Harvey and Angelo A, Stio III Wa/-Mart undercuts the advantages of the class action from the perspective of plaintiffs and their lawyers. Statistical Analysis and Wa/-Mart v. Dukes By Chip Hunter The Wa/-Mart decision sharpens the focus on the use of economic and statistical expert analysis and testimony in class certification. Fraud on the Market Is Reaffirmed in Halliburton By Travis Neal After Wa/-Mart, plaintiffs' proffers of evidence will be subject to a rigorous analysis, and their expert witnesses must meet Daubert standards. Employment Law and Class-Action Waivers By David A, Prahl Despite the flood of new pro-arbitration decisions, courts have declined to extend Concepcion in some contexts, and the decision's lasting impact is unclear. Consumer Protection and Employment Cases after Concepcion By Kirsten Scott and Nicole D. Reynolds Class-action prohibitions in arbitration clauses have become commonplace not only in consumer agreements but also in the employment context. News & Developments * Answer Not Due Before Motion to Compel Arbitration The Tenth Circuit concluded that a defendant seeking to compel arbitration is not required to file its answer beforehand. © 2011 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Page 1 of 31

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