We previously wrote about the Third Circuit’s decision in Carrera v. Bayer Corp., which reversed a district court’s class-certification order because there was no reliable way to ascertain class membership—indeed, no way to identify who was a member of the class aside from a class member’s own say-so.
We have frequently chronicled the ongoing efforts of the plaintiffs’ bar to circumvent the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, which held that the Federal Arbitration Act (FAA) requires the enforcement of parties’ agreements to resolve their disputes through individual arbitration rather than class or collective proceedings.
In Qwest Corp. v. FCC, No. 10-9543 (10th Cir. Aug. 6, 2012), the US Court of Appeals for the Tenth Circuit upheld the Federal Communication Commission’s decision to adopt a flexible market-power framework for analyzing forbearance petitions.