Clik here to view.
Controversy over Cy Pres Settlements
Funds from a class action settlement are generally distributed to class members. But in some cases, not all funds are claimed. In others, it may not even be possible or practical to distribute any...
View ArticleClik here to view.
Supreme Court to Review Fraud on the Market Presumption
It is difficult to understate the effect on class actions of Basic Inc. v. Levinson, 485 U.S. 224 (1988), which the Supreme Court decided in 1988. It is virtually impossible to demonstrate “reliance” –...
View ArticleClik here to view.
Notice of Removal: Short and Plain Statement or Proof of Jurisdictional Facts...
To remove a case to federal court, a defendant must file a notice of removal “containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and...
View ArticleClik here to view.
Local lawsuit mirrors FLSA class action appeal to be decided by the U.S....
In Johnson v. Amazon.com dedc, LLC, No. 3:14-cv-01797 (D.S.C. May 2, 2014), seven South Carolina Amazon warehouse workers sued Amazon on behalf of themselves and similarly situated employees alleging...
View ArticleClik here to view.
Supreme Court Upholds Fraud on the Market Presumption
Early in May, we reported on the Supreme Court’s review of the Basic v. Levinson presumption of reliance in securities fraud cases. In an opinion today by Justice Roberts, the Court declined the...
View ArticleClik here to view.
Notice of Removal: Short and Plain Statement, Not Proof of Jurisdictional...
Last May, we introduced you to the Dart Cherokee Basin Operating Co., LLC v. Owens case and the interesting possibilities it presented for Supreme Court review. On Monday, a divided Supreme Court...
View ArticleClik here to view.
Supreme Court Grants Certiorari In Major Decision Concerning the Implications...
Yesterday, the United States Supreme Court granted Tyson Foods’ petition for certiorari to review the Eighth Circuit’s opinion upholding class certification in a donning and doffing case. A class of...
View ArticleClik here to view.
Preview of Significant Class Action Cases Pending in the U.S. Supreme Court
The Supreme Court began its new Term on October 5, and already the Court is slated to hear several cases that could have major impacts on class-action litigation. Among the issues facing the Court are:...
View ArticleClik here to view.
U.S. Supreme Court Rebukes California Court for Failing to Enforce an...
On Monday, the Supreme Court held in DIRECTV, Inc. v. Imburgia that a California appellate court erred by declining to enforce an arbitration agreement that prohibits arbitration on a class-wide...
View ArticleClik here to view.
U.S. Supreme Court Decides Class Action “Pick Off” Case In Favor Of...
Last November we previewed a case raising an important question in the class action world: If a defendant in a putative class action offers the named plaintiff complete relief on the plaintiff’s...
View ArticleClik here to view.
Supreme Court Rebuffs Predominance Challenge to “Donning and Doffing Class”
Yesterday, the Supreme Court issued its opinion in Tyson Foods, Inc. v. Bouaphakeo, voting 6 – 2 to uphold a jury verdict in favor of employees in a donning and doffing action. The class of employees,...
View ArticleClik here to view.
U.S. Supreme Court to Decide Circuit Split: Are Class Action Waivers in...
On Friday, the United States Supreme Court granted three petitions for certiorari to determine a quickly developing circuit split. The question before the Court is whether the National Labor Relations...
View ArticleClik here to view.
Important Class Action Apparently Awaits the Ninth Justice
About a year ago, the United States Supreme Court granted Microsoft’s petition to review this question: “Whether a federal court of appeals has jurisdiction under both Article III and 28 U.S.C....
View ArticleClik here to view.
Oral Argument in Class Action Waiver Cases Postponed to October
Last week, we observed that the Supreme Court appeared to be waiting for a ninth justice to decide in an important case involving appealability of class action certification decisions. A news report...
View ArticleClik here to view.
How Will Justice Gorsuch Rule in Class Actions? A Look at Shook and Judicial...
The nomination of Tenth Circuit Judge Neil M. Gorsuch for the Supreme Court has jurists and reporters forecasting how, if confirmed, he will rule in cases raising “hot” Constitutional issues. The “hot”...
View ArticleClik here to view.
Judge Gorsuch’s Class Action Opinions After Shook
Today we continue our analysis of Judge Gorsuch’s class action opinions from the Tenth Circuit in an effort to better understand how he may rule if confirmed for the Supreme Court. Last week, we...
View ArticleClik here to view.
Can a Class Action Proceed when the Named Plaintiff’s Claim Becomes Moot? A...
In this post we talk about two of our favorite things (relatively speaking): class actions and mootness. We last looked at these issues when covering the U.S. Supreme Court’s decision in...
View ArticleClik here to view.
Named Plaintiffs Can’t Voluntarily Dismiss Individual Claims in Order to...
Earlier this year, we hazarded a guess that the Supreme Court was split 4-4 regarding a Ninth Circuit decision holding that a named plaintiff could achieve appellate review of a decision denying class...
View ArticleClik here to view.
Cy Pres Settlements Under Attack Again
A good while ago, we reported in this space, about so-called “cy pres” settlements. We highlighted the Chief Justice’s cautionary comments about this practice – under which third parties, not class...
View ArticleClik here to view.
United States Supreme Court Questions Whether A Rule 23(b)(2) Class Can...
The United States Supreme Court, in a 5-3 decision authored by Justice Alito, reversed a Ninth Circuit case concluding that detained aliens have a statutory right to periodic bond hearings during the...
View Article