The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more
3/1/2019
/ Appeals ,
Cause of Action Accrual ,
Certiorari ,
Class Action ,
Class Certification ,
Collective Actions ,
Consumer Protection Laws ,
Debt Collection ,
Decertification ,
Default ,
Discovery Rule ,
Equitable Tolling ,
FDCPA ,
Federal Rules of Appellate Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Leave to Appeal ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
Rotkiske v. Klemm ,
SCOTUS ,
Split of Authority ,
Statute of Limitations
These are interesting times at the Supreme Court for class certification defendants—and we aren’t talking about the Kavanaugh confirmation process. No, late last week, in Home Depot USA Inc. v. George Jackson, the Supreme...more
10/3/2018
/ CAFA ,
Certiorari ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
The U.S. Supreme Court has decided to hear two important cases next year involving important issues for class action lawyers and the clients they serve.
In Lamps Plus Inc. v. Varela, the Supreme Court will decide “whether...more
5/21/2018
/ Arbitration Agreements ,
Certiorari ,
Charitable Donations ,
Class Action ,
Class Arbitration ,
Cy Pres Funds ,
Due Process ,
Federal Arbitration Act ,
Federal v State Law Application ,
Frank v Gaos ,
Lamps Plus Inc v Varela ,
SCOTUS
Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more
All class-action practitioners understand the importance of a court’s decision to certify a class—the pivotal point at which a putative class action can transform into a reality, promising vast settlement pressure on the...more