The Class Action Fairness Act of 2005,Reed R. Kathrein, Esq.
San Francisco, California
Reed.Kathrein@gmail.com
Reedkathrein.com
CLE International – 3rd Class Actions Annual Conference
January 25-26, 2007 Los Angeles, California
Burns & Farrey Presents “Federal Courts of New England: The Essentials”Burns & Farrey
Burns & Farrey presents a comprehensive guide to matters pending in the federal courts of New England. The guide offers practical strategies for claims teams in navigating pending claims, including discovery concerns, expert management and jury verdict considerations.
Debunking the argument against the protection of Chapter 9 for the Puerto Rico Electric Power Authority. For over 200 years bankruptcy laws in the US have been applied retroactively. PREPA's Trust Agreement has always provided for a voluntary filing of a bankruptcy proceeding, since 1979, when PREPA wa authorized to file. Members of Congress and investors are creating an uproar about the possibility of a Chapter 9 proceeding. Why?
Burns & Farrey Presents “Federal Courts of New England: The Essentials”Burns & Farrey
Burns & Farrey presents a comprehensive guide to matters pending in the federal courts of New England. The guide offers practical strategies for claims teams in navigating pending claims, including discovery concerns, expert management and jury verdict considerations.
Debunking the argument against the protection of Chapter 9 for the Puerto Rico Electric Power Authority. For over 200 years bankruptcy laws in the US have been applied retroactively. PREPA's Trust Agreement has always provided for a voluntary filing of a bankruptcy proceeding, since 1979, when PREPA wa authorized to file. Members of Congress and investors are creating an uproar about the possibility of a Chapter 9 proceeding. Why?
The Constitution is an Enforceable Contractable1appeal
The US Constitution is a contract between the governement and the US Citizen enforceable by a court of law.
See the Constitution here: http://www.constitution.org/constit_.htm
The Constitution is an Enforceable Contractable1appeal
The US Constitution is a contract between the governement and the US Citizen enforceable by a court of law.
See the Constitution here: http://www.constitution.org/constit_.htm
Search Party - Internet & Social Media Search Tricks that Will Improve the Wa...Marian Madonia, CSP
Use these models to be a master at doing internet & social media searches. Whether using Google, Bing, Yahoo, LinkedIn, or another search engine, these tips will help you dig deep to find what you need. Created by Marian Madonia, CSP
As a co-founder and CMO of Classmunity, a fundraising management system for K-12 schools, I am frequently getting asked for some basic insights into crowdfunding. I recently whipped together a presentation for Classmunity and had some intro slides on crowdfunding. Hope this helps you out.
This presentation introduces dscript, a framework that brings DDS-like publish/subscribe to the Web Browser. Beyond providing an inter-browser Pub/Sub abstraction, dscript provides with a semaless integratio with native DDS applications. Meaning that data can flow effortlessly from native DDS applications to the browser and viceversa.
Contrary to respondents’ argument, CAFA’s “100 or more persons” phrase does not encompass unnamed persons who are real parties in interest to claims brought by named plaintiffs. Congress knew how to draft language to that effect when it intended such a meaning, see, e.g., §§1332(d)(5)(B), 1332(d)(1)(D). That it did not do so in the mass action provision indicates that Congress did not want the provision’s numerosity requirement to be satisfied by counting unnamed individuals who possess an interest in the suit
Scott McMillan La Mesa Faces Sanctions for Lying to CourtDarren Chaker
Thankfully to Darren Chaker who noticed additional fraud on the court by Scott McMillan, La Mesa Attorney, he directed his Harvard attorneys to file the motion where Scott McMillan, San Diego Attorney appears to have fraudulently told the court his lawsuit to dismiss the case was "related to" another case, quite possibly to get the case before a judge who is adverse to bloggers. Just like Scott McMillan, his purported plan FAILED and now has sanctions over his head. Scott McMillan was unable to oppose the motion, so submitted to it. I Scott McMillan attorney conduct I believe constitutes misleading the court deal and is moral turpitude.
Darren Chaker was sued for First Amendment conduct under federal RICO laws. The attorney who sued him, Scott McMillan San Diego attorney desired to have the lawsuit heard before a more favorable judge so falsely claimed the lawsuit 'related to' a criminal action, when in truth it did not. Darren Chaker's attorneys sought sanctions for making the false statement and Scott McMillan did not oppose it.
This presentation by Professor Spencer Weber Waller, Loyola University Chicago School of Law, was made during the discussion on "Addressing competition challenges in financial markets" held at the 2017 Latin American and Caribbean Competition Forum (4-5 April 2017 – Managua, Nicaragua). More papers and presentations can be found at oe.cd/laccf.
Sample notice of removal to United States District CourtLegalDocsPro
This sample notice of removal to United States District Court is used to remove a case filed in a State Court to United States District Court and is filed pursuant to Title 28 U.S. Code section 1446 on the grounds that the complaint involves a federal question as stated in Title 28 U.S. Code section 1441(a) but can be easily modified for use in cases with diversity jurisdiction as well. The sample on which this preview is based is 7 pages and includes brief instructions, citations to the statutory authority, a notice to adverse party of removal to Federal Court as well as a certificate of service of notice to adverse party of removal to Federal Court. The author is a freelance paralegal who has worked in California and Federal litigation since 1995.
The postings should reflect individual comprehension and inquire.docxgabrielaj9
The postings should reflect individual comprehension and inquires of the material and include supporting information that is properly referenced. The initial posts should be the
minimum
of a short paragraph and a maximum of two paragraphs (approximately 250 words). Also 2 references
Chapter 1
Chapter 1.10 The Legal System
The United States has become an increasingly litigious society; annually, millions of lawsuits are filed by citizens seeking legal remedy to problems they have encountered in the course of their personal or professional lives. Therefore, recreation and sport managers must understand the basic components of the complex United States legal system, including origins of the law, the legal system, and the legal process.
FUNDAMENTAL CONCEPTS
Origins of the Law
There are multiple sources of law including Constitutional law and laws enacted, enforced, and interpreted by the three branches of government.
A constitution is a document that sets forth the basic principles of government, including limits on government power. The federal government, as well as all 50 states, has a constitution; each constitution provides citizens many protections.
Additionally, the federal and state governments each have three branches that exist as a source of law: the legislative branch, which is responsible for enacting new laws and amending existing laws through federal or state legislatures; the executive branch, which enforces existing laws through elected officials or administrative agencies; and, the judicial branch which interprets constitutions or other existing laws through the federal and state court systems.
Legislative Branch
A Congress (or legislature), either state or federal, is the legislative branch of the government, comprised of elected officials in the Senate and in the House of Representatives.
Executive Branch
Often times, statutes require further explanation to be applied to real-life scenarios. This guidance typically comes in the form of regulations created by the executive branch, or an administrative agency created by the executive branch. Regulations are “rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations.”
Judicial Branch
Whether the source of law is a constitution, a statute, or a regulation, the judicial branch is charged with interpreting and applying the law by adjudicating legal claims. When a court makes a decision in a legal case, and authors a written opinion, the decision is referred to as case law; the collective body of case law is called common law.
The Legal System
Once laws are created, they must be interpreted and applied to particular circumstances; as discussed above, this interpretation/application occurs in the judiciary, or court systems.
Federal Court Syst.
Order granting-motions-to-enjoin-9-a-of-exec-o (1)Edward Premo
In 1992, I had the honor of representing Allegany County before the United States Supreme Court in New York, et al. v. United States, 505 US 144 (1992). District Court Judge Orrick relies on the Supreme Court’s 10th Amendments analysis from that decision for his Order (attached) enjoining portions of the Presidential Executive Order on Sanctuary Cities.
Order granting-motions-to-enjoin-9-a-of-exec-o (1)Edward Premo
In 1992, I had the honor of representing Allegany County before the United States Supreme Court in New York, et al. v. United States, 505 US 144 (1992). District Court Judge Orrick relies on the Supreme Court’s 10th Amendments analysis from that decision for his Order (attached) enjoining portions of the Presidential Executive Order on Sanctuary Cities.
Living in a Post-Morrison World: NAPPA Working GroupReed Kathrein
Edited and coordinated by Adam Franklin, General Counsel of Colorado PERA and Catherine LaMarr, General Counsel of the office of the State Treasurer of Connecticut, this Working Paper analyzes the landscape of securities litigation post the U.S. Supreme Courts decision in Morrison v. National Bank of Australia Ltd. (2010). Due to Morrison, investors no longer have the protection of the U.S. securities laws if the securities were purchased on a foreign exchange. Reed Kathrein was a contributing member and primarily drafted the chapters on the state of securities litigation in Australia, Germany and South Korea. The project was commissioned by Greg Smith, then General Counsel of ColoradoPERA, as President of the National Association of Public Pension Attorneys ("NAPPA").
Occupy Wall Street through Legislative Reform, NCPERS 2012Reed Kathrein
Starting with the Great Depression, legislative reforms were put in place to protect U.S. investors
Over the last 17 years, Congress and the U.S Supreme Court have stripped investors of much protections
In the current “Occupy” environment, sentiment may be running high for legislative re-reforms. This presentation discusses the Supreme Court cases of Citizens United, Morrison and Stoneridge and possible legislative roll-backs.
Edited and coordinated by Adam Franklin, General Counsel of Colorado PERA and Catherine LaMarr, General Counsel of the office of the State Treasurer of Connecticut, this Working Paper on the analyzes the landscape of securities litigation post the U.S. Supreme Courts decision in Morrison v. National Bank of Australia Ltd. (2010). Due to Morrison, investors no longer have the protection of the U.S. securities laws if the securities were purchased on a foreign exchange. Reed Kathrein was a contributing member and primarily drafted the chapters on the state of securities litigation in Australia, Germany and South Korea. The project was commissioned by Greg Smith, then General Counsel of ColoradoPERA, as President of the National Association of Public Pension Attorneys ("NAPPA").
THE OPTIONS SCANDAL: SEC AND PRIVATE, ENFORCEMENT TRENDSReed Kathrein
THE OPTIONS SCANDAL: SEC AND PRIVATE, ENFORCEMENT TRENDS, REED R.
KATHREIN, Partner HAGENS BERMAN SOBOL SHAPIRO LLP ---EEI's ANNUAL SEC
ENFORCEMENT INSTITUTE Effective Compliance Strategies in an Era of
Stepped-Up Enforcement! May 22-23, 2007 * New York June 27-28, 2007 *
Chicago
Reed R. Kathrein - Partner
Hagens Berman Sobol Shapiro LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3030
Facsimile: (510) 725-3001
Cell: (415) 683-8566
Email: reed@hbsslaw.com <mailto:reed>
CONFIDENTIAL NOTE: The information contained in and documents
accompanying this e-mail transmission are confidential and/or legally
privileged materials from the law firm of Hagens Berman Sobol Shapiro
LLP. The information is intended only for the use of the individual(s)
or entity(ies) addressed in this e-mail transmission. If you are not
the intended recipient, you are hereby notified that any disclosure,
copying, distribution or the taking of any action in reliance of the
contents of this information is strictly prohibited, and that the
documents attached should be discarded immediately.
Future Of Opt Outs in Securities Fraud Class ActionsReed Kathrein
Discusses whether the opting out of large institutional investors from the mega securities fraud class actions is likely to continue, and if so what kind of premiums can be expected. By Reed R. Kathrein, Hagens Berman Sobol & Shapiro LLP
The Consumers Legal Remedies ActPlaintiffs PerspectiveThe 5th Annual Unfair Competition Law ProgramMay 18, 2007Millennium Biltmore Hotel Los AngelesReed R. Kathrein
Hagens Berman Sobel & Shapiro LLP
Managing Partner, San Francisco Office
1. The Class Action Fairness Act of 2005 Reed R. Kathrein, Esq. San Francisco, California [email_address] Reedkathrein.com CLE International – 3 rd Class Actions Annual Conference January 25-26, 2007 Los Angeles, California
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8. Federal Jurisdiction Summary Total damages must exceed $5 million exclusive of costs One named plaintiff must have $75k in damages Amount in Controversy * Charts suggested and modified from Professor William B. Rubenstien, UCLA, Understanding Class Action Fairness Act of 2005, 2005. Any plaintiff can be diverse from any defendant All class representatives and defendants must be completely diverse. Citizenship 100 of more class members or plaintiffs Not required Minimal Number CAFA Regular Federal Diversity Jurisdiction*
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19. Removal Summary CAFA Conventional Discretionary with strict time limits None Appellate Review Same but not limited to 1 year 30 days from pleading but no longer than 1 year Deadline Not required Required Consent of Defendants Any defendant can remove Only out-of-state defendants can remove Citizenship Removal of Diversity Actions