In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more
The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the...more
The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the...more
Resolving a conflict in the circuits, the U.S. Supreme Court has unanimously ruled that a parens patriae action brought by a state attorney general is not removable from state to federal court as a “mass action” under the...more
The intersection between law and economics was once again the focus of an important recent class action ruling by the U.S. Court of Appeals for the Seventh Circuit....more
The U.S. Court of Appeals for the Seventh Circuit last week reaffirmed its prior decision in favor of class certification in a breach of warranty case involving washing machines....more
A recent decision by the U.S. Court of Appeals for the Third Circuit reaffirmed the importance of requiring a plaintiff in a class action to show there is a reliable and administratively feasible method for ascertaining who...more
In a 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit vacated a class action settlement approval and certification of a settlement class that treated the named plaintiffs far more favorably than the other class...more
Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian...more
In This Issue:
- Uniform State Test Implementation Nearing
- Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes
- Sixth Circuit...more
3/21/2013
/ Amount in Controversy ,
CAFA ,
Class Action ,
Data Protection ,
Debt Collection ,
FDCPA ,
Federal Trade Commission (FTC) ,
Foreclosure ,
Homeowners Association (HOA) ,
Licenses ,
Liens ,
Mobile Payments ,
Mortgages ,
Privity of Contract ,
Res Judicata ,
Robo-Signing ,
SCOTUS ,
Uniform State Test
In its first opinion interpreting the Class Action Fairness Act (CAFA), the U.S. Supreme Court has unanimously held that a class representative cannot prevent removal of a class action from state to federal court by...more
The U.S. Court of Appeals for the Second Circuit has ruled that a parens patriae action brought by a state attorney general is not removable from state to federal court as a “class action” under the Class Action Fairness Act....more