The 2023 Review analyzes rulings from all state and federal courts in 23 areas of law. It is designed as a reader-friendly research tool that is easily accessible in hard copy and e-Book formats. Class action rulings from throughout the year are analyzed and organized into 23 chapters and 4 appendices for ease of analysis and reference.
The stakes at issue in class action litigation are often significant. A company’s market share and corporate reputation are typically implicated by a class action, as are the careers of senior management. For obvious reasons, these exposures and risks put immense pressure on corporate decision-makers.
The purpose of the Duane Morris Class Action Review is multi-faceted. We hope it will demystify some of the complexities of class action litigation, and keep corporate counsel updated on the ever-evolving nuances of Rule 23 issues. In this respect, we hope this book will provide our clients with an analysis of trends and significant rulings that enable them to make informed decisions in dealing with complex litigation risks.
Duane Morris partner Gerald L. Maatman, Jr. reviews the key findings in class action litigation for 2022.
2022 had the most billion-dollar class action settlements in the history of the American court system, with 15 class actions that resolved cases for $1 billion or more in settlements.
The U.S. Supreme Court has continued to define and shift the playing field for class action litigation.
Companies have enjoyed a high rate of success enforcing arbitration agreements and using them to thwart class actions out of the gate.
In 2022, the plaintiffs’ class action bar succeeded in certifying class actions at a high rate.
Biden Administration continued to roll out changes on several fronts as it aimed to expand the rights, remedies, and procedural avenues available to workers and the EEOC continued to operate with a Trump-appointed majority of commissioners.
The number of data breaches continues to rise, costing U.S. businesses millions of dollars. High profile companies such as Apple, Meta, Twitter, and Samsung have all disclosed cybersecurity attacks in 2022. Companies that experienced data breaches faced a convergence of risk factors in 2022 as data protections issues continued to plague corporate defendants.
During 2022, courts continued to grapple with the rules that govern the certification of classes that contain uninjured class members. Various cases climbed to the federal circuit level, with varying results, and the U.S. Supreme Court once again declined to take up the issue, making uninjured class members a continued topic of disagreement and debate for 2023.
In 2022, corporate defendants aggressively asserted defenses based on personal jurisdiction to fracture collective actions in particular.
In 2022, actions under the California Private Attorneys General Act (PAGA), Cal. Lab. Code, §§ 2698, et seq., saw their first setback as a workaround to workplace arbitration programs that require individual proceedings.
The 2023 Review is a comprehensive study that examines judicial decisions made in state and federal courts across the United States in 23 different areas of law. It is designed to be a user-friendly resource that can be easily accessed in both hard copy and e-book formats and is intended to assist with research and analysis.
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Throughout nearly four decades practicing law, Jerry has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams, and boards across the country in class action litigation, ranging in size from hundreds to tens of thousands of claims by employees. As such, he has seen virtually every litigation challenge conceivable. He approaches each case by owning the problem and viewing it from the client's perspective. By understanding and prioritizing his clients' objectives and goals, Jerry is able to solve exceptionally complex legal issues in an efficient and capable manner. His are the hands clients want on the steering wheel of the defense of their significant litigation.
Jennifer A. Riley, vice chair of Duane Morris’ Workplace Class Action group, has defended companies faced with significant complex litigation matters for more than two decades. Ms. Riley regularly defends companies facing class actions, collective actions, pattern or practice lawsuits, and other types of representative proceedings, ranging in size from dozens to tens of thousands of claims. Working on the forefront of the developing law in an ever-changing arena, Ms. Riley regularly develops strategies for navigating some of the largest challenges faced by corporate America today and counsels employers confronted with a range of complex employment law theories that span from claims of discrimination or sexual harassment to myriad types of alleged wage & hour violations.
Defending class actions demands a specialized skill set cultivated through experience. Duane Morris attorneys have represented defendants in thousands of high-stakes state, national, and multi-district class actions, as well as in complex mass tort litigation throughout the country. At Duane Morris, we combine deep class action experience with a thorough understanding of the technical subject matter, resulting in a robust class action defense.
