2008 Annual Survey of Texas Class Action Cases

01 January 2009 Publication

Texas Business Litigation Journal

The Fifth Circuit Court of Appeals and its various district courts saw a dramatic increase in class action activity in 2008. Fifth Circuit courts decided 24 cases in 2008 that substantively address Federal Rule of Civil Procedure 23 (“Rule 23”).  By way of contrast, Fifth Circuit courts in 2007 decided only 17 cases that substantively addressed Rule 23.  In 2007, Fifth Circuit courts certified five classes.  Ironically, this year they certified just two.

This year, Fifth Circuit courts addressed Rule 23 issues impacting securities litigation, the Employee Retirement Income Security Act of 1974 (“ERISA”), the Class Action Fairness Act, Vioxx and Fen-Phen drug litigation, prisoners’ rights, and immigration law. Like last year, several Hurricane Katrina and Rita-related class action cases made their way onto Louisiana and Mississippi dockets.

Below is a summary of Fifth Circuit, Texas, Mississippi, and Louisiana district court opinions substantively addressing Rule 23. Although few, if any, of these cases substantially alter the Rule 23 landscape, several address some of the Rule’s more litigated features, including class certification pursuant to Rules 23(b)(2) & (3). The following cases provide valuable insight into litigating class action issues in the Fifth Circuit.

Read more.

Related Services

Insights

RCE PTA Carve-Out Resumes After Interference
18 September 2019
PharmaPatents
The Ninth Circuit Expected to Rule that Doctors Can Be Wrong in the Winter v. Gardens False Claims Act Case
18 September 2019
Legal News: Government Enforcement Defense & Investigations
Upcoming Webinar: Maximizing Solar Tax Credits - Navigating the Start of Construction Rules (Part 1)
17 September 2019
Renewable Energy Outlook
When Birds Finally Find a Nest
17 September 2019
Dashboard Insights
Lacktman, Ferrante Cited in mHealth Intelligence About Ryan Haight Act
19 September 2019
mHealth Intelligence
Tinnen Discusses How Viewpoint Diversity Helps Businesses Thrive
18 September 2019
InsideTrack
Vernaglia Comments on AHA v Azar Decision
18 September 2019
MedPage Today
Lach Comments on Launch of New Group
16 September 2019
BizTimes Milwaukee
MedTech Impact Expo & Conference
13-15 December 2019
Las Vegas, NV
Review of 2020 Medicare Changes for Telehealth
11 December 2019
Member Call
BRG Healthcare Leadership Conference
06 December 2019
Washington, D.C.
CTeL Telehealth Fall Summit 2019
04-06 December 2019
Washington, D.C.