News & Analysis as of July 19, 2025

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Supreme Court grants certiorari to address circuit split regarding uninjured class members

Kilpatrick on 3/13/2025

Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Nelson Mullins Riley & Scarborough LLP on 3/6/2023

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on 1/17/2020

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on 7/10/2018

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Supreme Court Rules That Pending Class Actions Do Not Toll Limitations Period for Subsequent Class Actions

Skadden, Arps, Slate, Meagher & Flom LLP on 6/12/2018

In China Agritech v. Resh, No. 17-432 (June 11, 2018), the U.S. Supreme Court held yesterday that a pending class action does not toll the statute of limitations for absent class members who bring a subsequent class action....more

Will The Supreme Court Allow Class Action Stacking?

Foley & Lardner LLP on 3/30/2018

Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more

A Look Back at Significant Developments in Class Action Law in 2017

Bradley Arant Boult Cummings LLP on 1/26/2018

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

Back to Basics: A Review of Recent SCOTUS Personal Jurisdiction Jurisprudence

Foley & Lardner LLP on 7/26/2017

As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more

A Review of the Supreme Court’s 2016-2017 Term

Franczek P.C. on 6/30/2017

This year’s Supreme Court term may be more memorable for the intrigue and political drama taking place outside the Court than the import of the decisions the Court issued. On April 10, 2017, Judge Neil Gorsuch of the Tenth...more

Supreme Court Rejects Plaintiffs' Tactic for Appealing Class Certification Denials

Fenwick & West LLP on 6/14/2017

The U.S. Supreme Court issued a unanimous 8-0 opinion in Microsoft Corp. v. Baker, reversing the U.S. Court of Appeals for the Ninth Circuit and holding that federal courts lack jurisdiction under 28 U.S.C. § 1291 to hear the...more

Supreme Court: Plaintiffs May Not Voluntarily Dismiss Case To Appeal Class Certification Decision

Jackson Lewis P.C. on 6/13/2017

Plaintiffs may not voluntarily dismiss their class action claims upon receiving an adverse class certification decision and subsequently invoke 28 U.S.C. § 1291, the general rule that appeals can be taken only from a final...more

Game On: Supreme Court to Decide Whether Xbox Plaintiffs Can Create Appellate Review

BakerHostetler on 4/11/2017

Recently, the United States Supreme Court heard argument in Microsoft Corp. v. Baker, a case that may significantly impact class-action defense and appellate jurisdiction. Plaintiff classes frequently want to immediately...more

2016 Class Action Year-End Review

BakerHostetler on 3/31/2017

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more

Sixth Circuit Rejects Class Action Settlement With Key Documents Under Seal

BakerHostetler on 6/8/2016

All’s not fair in secretive class-action settlements. If class actions are the exception, then class-action settlements are a reflection of that exception. Specifically, the secrecy that might otherwise accompany...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

Carlton Fields on 4/26/2016

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

Scalia’s Death Leaves High Court in Limbo on Three Key Consumer Class Actions

Kelley Drye & Warren LLP on 2/18/2016

While the sudden death of Supreme Court Justice Antonin Scalia creates an immediate vacancy on the bench, it also likely will leave the high court’s docket in limbo on number of key consumer class actions awaiting the Court’s...more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/22/2016

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

Eversheds Sutherland (US) LLP on 5/22/2015

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

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