Class Action and Complex Litigation Articles
Links are provided to Class Action articles by Timothy E. Eble, P.A. and Consumer Law articles by Judge Thomas A. Dickerson. Additional off site links include, but are not limited to, articles dealing with class action, complex litigation, and asbestos settlements. A link to the Federal Judicial Center's articles is also provided.
Articles by Timothy E. Eble
- South Carolina Class Action Litigation:
Historical perspective, Standards for Maintaining Class Action, an examination of S.C.R.C.P.Rule 23, Due Process, Opt ins, Costs of Notice
- Class Action Litigation in Oregon: A
Class Action Litigation in Oregon: A Concise Summary
Discussion of the essential elements of ORCP 32, which governs procedures and elements required for class certification.
- Ohio Class Action Litigation: A Concise
Ohio Rule of Civil Procedure 23(a) contains five explicit and two additional implied prerequisites for class certification.
- Brief Opposing Certification in South
Memorandum of American Federal BAnk, FSB, in Opposition to Plaintiff's Motion to Amend Complaint and to proceed as a Class action (August 1999)
- Avoiding Investment Fraud: Don't Get Taken
Avoiding fraudulent investment advisers. Principles that can minimize the risk of loss to an invester are examined.
- Avoiding Internet E-mail Scams: Don't Get Taken
Email is a valuable and instantaneous form of communication. Along with the ability to deliver mail electronically comes a new opportunity for thieves and con artists...
Articles by Judge Thomas A. Dickerson
These Articles are republished herein with permission of the Author, Judge
A. Dickerson. We express our appreciation for the opportunity to republish them at classactionlitigation.com. For further information about Judge Dickerson visit members.aol.com/judgetad/ or www.courts.state.ny.us/courts/
- Class Actions Under CPLR Article 9 in 2007
Class Actions in 2007, the Donnelly Act (GBL 340), and decisions made by the Court of Appeals, the Appellate Divisions and numerous trial Courts are examined by Judge Dickerson and Kenneth Manning
- New York State Class Actions in 2006
The enforceability of a forum selection clause in an employment class action was ruled on last year by the Court of Appeals. In addition to this ruling numerous trial Courts dealt with a variety of class actions in 2006. This article examines many of those 2006 rulings.
- The Cruise Passenger's Rights & Remedies: 2006
History of Modern Cruising, Downside of rapid expansion, Safety, Cancellations, Increased security, Accidents, Standard of Care, Misrepresentations, Protection rules, lost, damaged or stolen baggage, litigation roadblocks, Specific case citations and footnotes. Four important developments in cruise passenger rights 2003-2006 discussed.
- CONSUMER LAW 2008 UPDATE
This 2008 updated Consumer Law paper contains added cases from the previous year in New York State. It discusses consumer protection statutes most frequently used in New York State courts.
- CONSUMER LAW 2007 UPDATE
This Paper, prepared annually for New York State Civil Court Judges, discusses consumer protection statutes most frequently used in New York State courts. It provides an update to previous Consumer Law papers located in this library.
- CONSUMER LAW 2006 UPDATE
Table of N.Y.S. and Federal Consumer Protection Statutes, Recent NY Consumer Law Articles, Deceptive and misleading business practices, False advertising, Automobiles, Homes, Insurance, Loans & Credit, Overcoats lost in restaurants, Pyramid schemes, Property, Apartments & Coops, Retail Sales & Leases, Telemarketing, Litigation Issues, specific case citations and footnotes.
- CONSUMER LAW 2005 UPDATE
Discusses consumer protection statutes most frequently used in New York State courts.
- A SUMMARY OF ARTICLE 9 CLASS ACTIONS IN 2005
Annual premium, Risk free insurance, and a decisions by the Appellate Divisions and trial Courts on a variety of 2005 class actions.
- A SUMMARY OF ARTICLE 9 CLASS ACTIONS IN 2004
The Scope of G.B.L. §349, Appellate Divisions and trial courts rulings on a variety of class actions.
- CONSUMER CLASS ACTIONS IN NEW YORK STATE COURTS 2004
Discusses how some consumer claims may be aggregated and prosecuted as consumer class actions.
- NEW YORK STATE SUPREME COURT PUBLISHED
Cases cited with date and abstract included.
- THOMAS A. DICKERSON BIBLIOGRAPHY: LEGAL ARTICLES
[ 1977-2008 ]
Articles from Syracuse Law Review, New York Law Journal, The Practical Lawyer, Travel Law, Air Law, National Law Journal, Cornell H.R.A. Quarterly, Trial Magazine, I.N.C.L. Journal, Report of Consumer Affairs Committee, The Aviation Quarterly, The International Travel Law Journal, IFTTA Journal, et.al.
- A SUMMARY OF ARTICLE 9 CLASS ACTIONS
Rights of school children, cable television subscribers, professional banquet waiters, appellate divisions and Supreme Courts rulings on a variety of 2003 class actions.
- Summary of Article 9 Class
Actions in New York State Courts
In 2000 the Court of Appeals addressed the viability of three consumer class actions brought under CPLR Article 9.
- SUMMARY OF ARTICLE 9 CLASS
ACTIONS IN 1999
In 1999 the New York Court of Appeals addressed class certification under CPLR Article 9 and the viability of claims brought under General Business Law 349 [ GBL 349 ].
- SUMMARY OF ARTICLE 9 CLASS ACTIONS IN
In 1998, New York Courts dealt with a record number of class actions brought under C.P.L.R. Article 9.
- SUMMARY OF ARTICLE 9 CLASS ACTIONS
The adequacy of class representation was an issue that several New York courts analyzed in 1996.
- SUMMARY OF ARTICLE 9 CLASS ACTIONS IN
Class actions brought against automobile salesmen, baby makers, soft drink manufacturers and distributors, State and New York City welfare agencies, class action attorneys, rental car companies, the Chief Administrator of the Courts of New York State, brokerage firms, hospitals, medical insurance companies and State and local taxing authorities.
- APPLYING CONSUMER PROTECTION STATUTES
IN NEW YORK STATE SMALL CLAIMS COURTS
Discusses New York State's consumer protection statutes in a 1999 Judicial Seminar Program. GBL § 349 and a variety of consumer protection statutes are examined using specific cases.
- ARTICLES PUBLISHED IN TRAVEL TRADE JOURNALS
AND CONSUMER PUBLICATIONS [ 1976-1985 ]
Judge Dickerson's articles published in Travel Agent Magazine, Diversion Magazine, Balloon Magazine, and Frequent Flyer Magazine from 1976-1985 are listed.
- ARTICLES IN LAW REVIEWS AND LEGAL PUBLICATIONS
[ 1977-2001 ]
Dickerson's Law Review and Legal Publication articles from 1977-2001 are listed. Some of these articles are printed in The Practical Lawyer, New York Law Journal, Air Law, and National Law Journal.
- CONSUMER LAW 2003 UPDATE:THE JUDGE'S GUIDE TO NEW YORK STATE
CONSUMER PROTECTION STATUTES
This paper discusses federal and state consumer protection statutes most commonly used in New York State Courts.
- CONSUMER LAW 2000 UPDATE: The Consumer's Guide to Small Claims Court
There are many consumer protection statutes available to consumers, attorneys, arbitrators, and judges in New York State's Small Claims Courts.
- Consumer Law 2001
The Consumers Guide to Small Claims Court and How to Use Fed and State Consumer Protection Statutes
- Consumer Class Actions and Coupon Settlements:
Are Consumers Being Shortchanged?
The use of coupons in consumer class action settlements can be good for the defendants' business and good for the consumer class but the settlement must be carefully designed to ensure the consumers receive something of value.
- THE CRUISE PASSENGER'S RIGHTS &
Accidents aboard modern cruise ships are governed by ancient legal doctrines which favor shipowners over passengers. Accidents aboard, other common issues, and forum selection are discussed.
Cruise Passenger's Rights and Remedies 2001 Updated
This revision has added information about a vessel owner's liability, cancellation fees, adequacy of notice, and expanded general information.
- The Cruise Passenger's
Rights and Remedies: 2003
This revision has added information about cruise passenger safety post 9/11 as well as updates in recent cruise litigation and expanded general information.
- CONSUMER LAW : THE
INTERNET AND ITS IMPACT UPON PERSONAL JURISDICTION
The Internet has dramatically changed the way in which the Courts decide what types of business contacts justify the assertion of personal jurisdiction.
- False, Misleading
& Deceptive Advertising in the Travel Industry: The Consumer's Rights
and Remedies 2003
Deceptive and misleading travel advertising, Consumer Protection Statutes, and selling travel over the internet are examined. The need for New York State to adopt a modern travel seller statute is explained.
- FLIGHT DELAYS: RIGHTS, REMEDIES,
DAMAGES & CLASS ACTIONS
Flight delays in 2000 were the worst since 1995. An airline passenger's rights are discussed and possible remedies for flight delays and concellations, including class actions and small claims courts, are examined.
- Hotel Restaurant Liability For Lost
Proximity, warning signs, bailment theory, negligence theory, statutory disclaimers, and recoverable damages are considered in the examination of restaurant/hotel liability regarding lost or stolen coats.
- HOTELS, RESORTS AND CASINOS :
THE CONSUMER'S RIGHTS & REMEDIES (pdf)
This 2001 paper examines hotels, resorts and casinos looking closely at consumer problems that have been reported and the ensuing court action that has taken place.
- HOW SAFE ARE STUDENT TOURS
Student tours require special attention to supervision and safety. Failure to provide appropriate supervision and properly trained tour escorts can lead to tour operator liability.
- INSTANT TRAVEL AGENTS
Dickerson's 1997 article looks at the travel agent who purchases their professional credentials, their affect on the travel industry, and the need for both regulatory action and prosecution for deceptive business practices.
- THE INTERNET, THE "
SOLICITATION PLUS " DOCTRINE AND JURISDICTION OVER FOREIGN HOTELS
AND OTHER TRAVEL SUPPLIERS
Dickerson's 2000 revision discusses the use of the internet in travel planning. Concerns about reliability of information, and the threat of destabilization to existing retail distribution are analyzed.
- Judge Dickerson's Family Law Decisions
2000 - 2001
Judge Dickerson's Family Law Decisions, books, papers, articles, brief biography, and recent presentations are listed in this 2000-2001 personal update along with an overview of New York State Family Courts.
- THE LICENSING AND REGULATION OF TRAVEL
SELLERS IN THE UNITED STATES, CANADA, AUSTRALIA, GREAT BRITAIN, JAPAN AND THE MEMBERS OF THE EUROPEAN COMMUNITY.
This 2000 article discusses the necessary components for uniform licensing of Travel Sellers: annual registration, proficiency testing, advertising standards, insurance, surety bonding, restitution funds, and penalties.
- Published Decisions Of Judge Thomas A. Dickerson [ 1994-2001 ]
- RESORT TIMESHARING: THE CONSUMER'S
RIGHTS & REMEDIES 2001
The Timeshare product is examined and types of common consumer problems, Federal & State Securities Laws, timeshare statutes, and other consumer protection statutes are discussed.
- SHOULD COUPONS & CREDITS BE USED
TO SETTLE TRAVEL CLASS ACTIONS ?
This paper discusses the need for the settlement of travel class actions using coupons or credits to be carefully designed to insure the consumer actually receives something of value for releasing their claims against the defendants.
- Sporting Event
Tours: Liability For Defaults, Performance Failures And Physical Injuries
Common sports fan problems are discussed (e.g. canceled tours,team relocation, sports fan injuries...) and the liability of the sports teams, tour operators, and ticket sellers is examined.
- SPONSORING GROUP TRAVEL: A DISCUSSION OF
The liability of travel sponsors who promote group travel but rely upon travel agents and tour operators to make the travel arrangements is examined in this August 2000 article by Judge Dickerson.
of New York Class Actions in 2001
In 2001 the Court of Appeals addressed the viability of three class actions brought under CPLR Article 9 involving the rights of insureds, lesbian medical students and aliens seeking Medicaid benefits.
- TAKING YOUR TRAVEL AGENT ON A TRIP
TO THE COURT HOUSE
The damages which a consumer may recover from a travel agent for breach of contract, negligence, fraud or violation of a Consumer Protection Statute will depend upon the nature of the injuries sustained.
- Theme Parks and Thrill Rides: The
Consumer's Rights & Remedies
Accidents occurring on thrill rides are examined and the assumption of the risk doctrine is discussed. Some Courts have found that injured patrons assumed the risk while others have not.
- TOUR OPERATORS AND AIR CARRIERS : MODERN
THEORIES OF LIABILITY
Judge Dickerson discusses the liability of tour operators and air carriers for the tour participant's injuries sustained in foreign locales.
- TRAVEL CONSUMER REMEDIES: SMALL CLAIMS COURTS
AND CONSUMER CLASS ACTIONS
Typical damages awarded, small claims courts option, successful Travel law cases, Travel consumer class actions and class action requirements.
- TRAVEL ABROAD, SUE AT HOME
Safety standards, medical care, consumer protection laws and user friendly legal systems in the US are not the standard encountered by many US travelers in foreign countries.
Threatening Telephone Calls & Aggravated Harassment in the Second
Degree: The Need for Legislation
Family Offense of Aggravated Harassment in the Second Degree needs to have its scope broadened in order to make it clearly applicable to all respondents who harass and threaten their victims.
- Travel Agents
2001 : The Consumer's Rights & Remedies For Performance Failure
The responsibilities of travel agents regarding their clients and the legal standards that may be applied to their position are examined.
- WHAT TORT LAWYERS SHOULD KNOW ABOUT
Judge Dickerson's 2000 Revision provides a sampling of Travel Law topics including the concept of shifting liability between suppliers and sellers of travel.
- Articles Available for Download Through the Federal Judicial Center
- Auctioning the Role of Class Counsel from Fed. Jud. Center
- Awarding Attorney Fees and Managing Fee Litigation(PDF)
Class Action Chaos? The Theory of the Core and an Analysis of opt-out Rights
in Mass Tort Class Actions
Currently unavailable online.
- Class Action Dismissed-Grist Magazine
- Class Action Fairness Act, Fairness For Whom?
- Class Action Watch From the Federalist Society
- Class Actions in Four District Courts: FJC Report
- Class Actions Protect Investors and Consumers from Abuse: An Overview of the Requirements for Prosecuting and Certifying a Class Action
- Federal Judicial Center(2000):Case Studies of Mass Tort Limited Fund Class Action Settlements and Bankruptcy Reorganizations (PDF)
- Federalizing Class Actions
- Legal News Watch Articles about Class Action Lawsuits
- Managing Class Action Litigation: A Pocket Guide for Judges (2005) (PDF)
- Manual for Complex Litigation, Third (1995)
- National Center for Policy Analysis - Securities Class Action Litigation
- Ninth Circuit Outlines Three-Part Test For Class-Certification Review (Attorney Site)
- Private Securities Litigation Reform Act: A Post-Enron Analysis
- "Procedural Swift": Complex Litigation Reform, State Tort Law, and Democratic Values (PDF)
- The Preexistence Principle and the Structure of the Class Action
- The Role of Opt-Outs and Objectors in Class Action Litigation(Eisenberg and Miller:2004 Draft) (PDF)
- Should Coupons be Used to Settle Class Actions?
- Significant Class Action Issues Addressed by the Sixth Circuit
- Testimony about the Private Securities Reform Act
- TLPJ Amicus Brief in Opposition to Asbestos Settlement
- Texas Class Action Law
- Unfairness Incorporated: The Corporate Campaign Against Consumer Class Actions (National Non-Profit Public Interest Organization)
- "Who Should Direct Your Company's Next Case?"
The National Law Journal, May 1, 2006. Discusses national coordinating counsel for complex litigation.