Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law. In the closely watched case of Laboratory Corporation of America Holdings v. Davis, the Court delivered a per curiam...more
In its Jan. 8 order list, the Supreme Court declined to hear an appeal concerning a “judgment sharing agreement” among major U.S. meat-supplier defendants in the Broiler Chicken antitrust case (In re Broiler Chicken Antitrust...more
On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...more
2022 has many California employers suffering from PAGA fatigue. Too many times, plaintiffs’ attorneys use the Private Attorneys General Act of 2004 (“PAGA”) to drive up settlement demands, gaining large attorneys’ fees, over...more
On April 30, the Supreme Court granted certiorari in Frank v. Gaos, No. 17-961 to review the fairness of the ever-increasing use of cy pres remedies in class action settlements. ...more
The Supreme Court recently granted review in a case that involves whether, or in what circumstances, cy pres relief may be used in class action settlements. ...more
A challenge to the use of a cy pres charitable donations to settle privacy claims against Google will be heard by the Supreme Court. In Frank v. Gaos, petitioners seek reversal of lower court decisions rejecting their...more
The U.S. Supreme Court has agreed to decide whether parties to a class action may agree to a settlement that confers cy pres awards upon various nonprofit institutions and organizations, but provides no monetary relief for...more
On January 29, 2018, the Commodity Futures Trading Commission (CFTC) announced the filing of eight anti-spoofing enforcement actions: three settlements with financial institutions and five complaints filed in federal district...more
The Supreme Court recently lost an opportunity to address important issues affecting transgender students. On August 25, 2017, the Kenosha Unified School District filed a petition for certiorari after the Seventh Circuit...more
The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more
Third Circuit has previously ruled that non-cash payments to settle patent litigation may violate antitrust laws. On November 7, 2016, the Supreme Court of the United States declined to hear the petition of...more
In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust...more
On January 11, 2016, the U.S. Supreme Court denied a petition for writ of certiorari in Cheeks v. Freeport Pancake House, Inc., et al., declining to address whether the parties in a non-collective lawsuit brought under the...more