Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year...more
9/20/2017
/ Arbitration Agreements ,
Article III ,
Ascertainable Class ,
Campbell Ewald v Gomez ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
FRCP 23 ,
Injury-in-Fact ,
Mootness ,
Offer of Judgment ,
Popular ,
Proposed Legislation ,
Settlement Offer ,
Spokeo v Robins ,
Standing ,
Statutory Violations ,
The Fairness in Class Action Litigation Act of 2015
On July 7, in In re Petrobras Securities, the 2nd Circuit declined to adopt an independent “administrative feasibility” requirement for class certification under Rule 23. In so holding, the 2nd Circuit joined the 6th, 7th,...more
7/14/2017
/ Administrative Feasibility ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Petrobras ,
Predominance Requirement ,
Securities Litigation ,
Split of Authority
On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more
7/1/2017
/ Affirmative Defenses ,
Appeals ,
Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
Class Representatives ,
FRCP 8 ,
Mootness ,
Putative Class Actions ,
Rule 67 ,
Settlement Offer ,
TCPA
Facts -
On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more
6/16/2017
/ Appellate Jurisdiction ,
Article III ,
Class Action ,
Class Certification ,
Federal Rules of Civil Procedure ,
Final Judgment ,
FRCP 23 ,
FRCP 23(f) ,
Microsoft v Baker ,
Putative Class Actions ,
SCOTUS ,
Voluntary Dismissals ,
Xbox
On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more
4/10/2017
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Citibank ,
Class Action ,
CLRA ,
Credit Card Agreements ,
False Advertising ,
Federal Arbitration Act ,
Injunctive Relief ,
Preemption ,
Public Policy ,
Reversal ,
State and Local Government ,
Statutory Remedies ,
Statutory Rights ,
Unenforceable Contract Terms ,
Unfair Competition