Pre-2000 Y2K class actions not getting far; class actions for Y2K claims have difficult hurdles to overcome. Courts and Congress must soon decide how to handle them
Article Abstract:
Court rulings on the liability of the computer and software industries for the Y2K problem and, in particular, whether class actions are suited to claimants' pressing for such accountability will emerge from cases filed since the Y2K problem became news. Approximately 50 Y2K class actions have been filed in state and federal courts, but few have been certified as class actions. Congress has taken a step toward curbing class actions with the Year 2000 Information and Readiness Disclosure Act.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Class claims arise under the FLSA; as Title VII class actions draw judicial scrutiny, plaintiffs turn to the Fair Labor Standards Act as a new vehicle for suits
Article Abstract:
Class action claims under the Fair Labor Standards Act (FLSA) are governed by Section 16(b) of that Act, meaning that opt-in classes with similarly situated plaintiffs are the only possibility , and the lead plaintiff can obtain notice to potential class members more easily than in a Rule 23 class case. The appeal of FLSA class action cases is the high possibility of common issues.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Complex litigation; punitive damages class II
Article Abstract:
The response claims a disagreement with Linda S. Mullenix's interpretation of the law of punitive damages in class actions. Lack of evidentiary presentation rather than legal barriers causes plaintiffs to fail to establish limited fund certification. Litigants should remember what qualifies as persuasive evidence under Federal Rule of Evidence 23(b).
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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