- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more
6/18/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Representatives ,
FRCP 23(f) ,
Litigation Fees & Costs ,
Microsoft v Baker ,
Mootness ,
Putative Class Actions ,
Settlement Agreements ,
Settlement Negotiations
- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial.
- Those class members...more
3/9/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Members ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Office of Foreign Assets Control (OFAC) ,
Punitive Damages ,
Standing ,
Statutory Damages ,
Statutory Violations ,
TransUnion
• The Supreme Court has once again affirmed that the Federal Arbitration Act (FAA) protects a party’s right to individualized arbitration, and preempts state policy that would force resolution of broader, more complex...more
4/26/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint.
• The 9th Circuit in ABS Entertainment overturned Local Rule...more
1/14/2019
/ Abuse of Discretion ,
Appeals ,
Bright-Line Rule ,
Class Action ,
Class Certification ,
Discovery ,
Filing Deadlines ,
FRCP 23 ,
Local Rules ,
Reversal ,
Summary Judgment