Civil Justice Report
No. 3 September 2001
They’re Making a Federal Case Out of It . . . In State Court
About the Authors
John Beisner, head of O'Melveny & Myers LLP's 120-attorney Class Action Practice Group, specializes in the defense of purported class actions, mass tort matters, and other complex litigation in both federal and state courts. Over the past twenty years, he has been involved in defending numerous major U.S. and foreign corporations in upwards of 400 purported class actions filed in the federal and state courts of 33 states at both the trial court and appellate level. Those class actions have concerned a wide variety of subjects, including antitrust/unfair competition, consumer fraud, RICO, ERISA, employment/discrimination, environmental, product-related, and securities class actions. He has also handled numerous matters before the Judicial Panel on Multidistrict Litigation, and has also been responsible for proceedings before various federal and state administrative agencies, particularly the National Highway Traffic Administration and the Consumer Product Safety Commission.
John is a frequent writer and lecturer on class action and complex litigation issues, and has been an active participant in litigation reform initiatives before Congress, state legislatures, and judicial committees. In recent years, he has frequently testified on class action and claims aggregation issues before the U.S. Senate and House Judiciary Committees and before state legislative committees. His professional activities include membership in the American Law Institute, the District of Columbia Bar, the State Bar of California, and the American Bar Association.
Jessica Davidson Miller joined O'Melveny & Myers in 1996 and is involved in the firm's litigation and regulatory practices, with a focus on strategic counseling and government relations. Prior to joining O'Melveny, Jessica worked for U.S. Senators Bob Graham and Frank Lautenberg. From 1999-2000, she worked at the Federal Trade Commission as a staff attorney in the Office of General Counsel, focusing on appellate litigation.
The data collection for this study was conducted by Stateside Associates, Arlington, Virginia, under the leadership of Samuel B. Witt, III, Senior Vice President and General Counsel. J. Christian Adams, Esq. of the Adams law firm in Fairfax, Virginia provided project management. The following served on the data collection team:
Johanna Wiersig, Esq.
The Manhattan Institute is grateful for the exceptional dedication of all who served on this team. We also thank John H. Beisner and Jessica Davidson Miller for their hard work and commitment to the project.