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Class Action Contract Interpretation

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bennett Jones LLP

What Class Action Settlement Costs Will A Defendant’s Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

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In Tokio Marine & Nichido Fire Insurance v Honda Canada, 2025 ONSC 2856, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not...more

Houston Harbaugh, P.C.

Sixth Circuit Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

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Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

McGlinchey Stafford

Is One Text Message Enough? - McGlinchey Commercial Law Bulletin - July 31, 2023

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Vacating an Arbitration Award- The Bullet Point: Ohio’s Arbitration Act strongly favors arbitration. Because of this, Ohio’s Arbitration Act limits the jurisdiction of a court once an arbitration has been conducted. It also...more

Lewitt Hackman

Franchisor 101: Inhospitable Forum Selection Clause

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A hotel franchisee brought a class action lawsuit in Louisiana federal court on behalf of Louisiana franchisees. The franchisor moved to transfer the action to Georgia, based on the mandatory forum selection clause in the...more

Buchalter

Caution Advised When Billing and Collecting from Uninsured Emergency Patients

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Last month, a California appellate decision partially reversed an order denying class certification in Sarun v. Dignity Health—a lawsuit, which essentially seeks to limit uninsured patient liability for emergency medical...more

Hogan Lovells

Legal and Financial Risk Newsletter – May 2019

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UK class actions revived? The Court of Appeal breathes life into Merricks' £14 billion claim against MasterCard - The Court of Appeal has allowed Walter Merricks' appeal of the Competition Appeal Tribunal's (the "CAT")...more

Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

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As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more

Harris Beach Murtha PLLC

The $100 Million Question is Answered With Extrinsic Evidence, Not Contra Proferentem

Last October, we reported on the issues at stake in Gold v. Rowland, the class action that claims that Connecticut state employees were members entitled to shares of stock when their insurer, Anthem, demutualized in 2001. The...more

Womble Bond Dickinson

Class Action Arbitration after Dell Webb

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Agreeing to arbitrate disputes, in lieu of traditional litigation, is not a new phenomenon. As consumers, we all contractually agree to arbitrate disputes on an almost daily basis. While not everyone may read the entire...more

Proskauer Rose LLP

Three Point Shot - March 2016

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California Court to PGA Tour Caddies: You'll Get Nothing and Like It! As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf's premier players...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more

Sheppard Mullin Richter & Hampton LLP

The Contract Is King: The U.S. Supreme Court’s Two Recent FAA Decisions

The U.S. Supreme Court addressed contract terms bearing on the availability of class arbitration in two opinions this term. The first, Oxford Health Plans LLC v. Sutter, confirms a district court’s limited power under the...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

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I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more

Proskauer - Employee Benefits & Executive...

Georgia Federal Court Holds that Continuing Course of Conduct Did Not Extend Statute of Limitations Period for Fiduciary Breach...

In Stargel et al. v. SunTrust Banks Inc. et al., No. 1:12-cv-03822, (N.D. Ga. Aug. 8, 2013), a Georgia federal judge dismissed a putative class action against Suntrust Banks....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Business Cases in the US Supreme Court"

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

Holland & Knight LLP

In Oxford Health, Supreme Court Requires Class-Wide Arbitration of an Individual Claim

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In its recent decision in Oxford Health Plans LLC. v. Sutter, 569 U.S. ____ (2013), the U.S. Supreme Court confirmed that parties to an arbitration agreement still face the risk of class arbitration even if the agreement does...more

Ballard Spahr LLP

U.S. Supreme Court Upholds Class Arbitration Ruling Where Parties Asked Arbitrator To Decide the Issue

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In a rare unanimous decision on an arbitration issue, the Supreme Court upheld an arbitrator's ruling permitting the arbitration to proceed on a class-wide basis....more

Orrick - Employment Law and Litigation

Oxford Health Plans LLC v. Sutter: You Get What You Bargain For, Including the “Good, Bad, or Ugly”

Ever have that feeling that your arbitrator just doesn’t understand you? You may be right, but there’s not much you can do about it. A recent unanimous ruling by the United States Supreme Court should encourage employers to...more

Fenwick & West LLP

Fenwick Employment Brief - June 2013: U.S. Supreme Court Upholds Classwide Arbitration, Finding Arbitrator “Arguably” (Even if...

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In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

Littler

Narrow Supreme Court Ruling Upholds Arbitrator's Decision that Parties' Agreement Permits Class Arbitration

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In Oxford Health Plans LLC v. Sutter, the United States Supreme Court was asked to determine "whether an arbitrator exceeds his powers under the Federal Arbitration Act by determining that parties affirmatively 'agreed to...more

Morgan Lewis

Supreme Court Upholds Arbitrator’s Decision Regarding Class Arbitration

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Court holds that an arbitrator did not exceed his powers under the Federal Arbitration Act in finding that class procedures were authorized because the parties agreed that the arbitrator could decide the question....more

Troutman Pepper

Supreme Court Holds That Courts Must Defer To Arbitrator’s Decision To Authorize Class Arbitration

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On June 10, 2013, the United States Supreme Court unanimously held in Oxford Health Plans, LLC v. Sutter that an arbitrator’s decision to authorize class arbitration will not be disturbed under Section 10(a)(4) of the Federal...more

Morrison & Foerster LLP

Supreme Court Decision Highlights the Danger of Allowing an Arbitrator to Decide Whether Parties Agreed to Class Arbitration

In Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S. June 10, 2013), the Supreme Court unanimously held that where the parties to an arbitration agreement authorize the arbitrator to decide whether their agreement allows...more

Eversheds Sutherland (US) LLP

Legal Alert: Supreme Court Upholds Arbitrator's Authority to Interpret Agreement to Permit Class Proceedings

“The arbitrator’s construction holds, however good, bad, or ugly.” This was the succinct message delivered on June 10, 2013, by a unanimous U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, which challenged...more

BakerHostetler

New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

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The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket. Today’s decision bucks what had been a trend in the Court’s decisions in recent years strongly...more

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