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Searching Content indexed under Litigation, Mediation & Arbitration by Michael Leffel ordered by Published Date Descending.
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Real Estate Industry Facing Threat Of New TCPA Class Actions
Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act ("TCPA")
United States
9 Aug 2019
2
En Banc Ninth Circuit Clarifies That Settlement Classes Are Not Held To Same Standard As Litigated Classes
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result.
United States
21 Jun 2019
3
Don't Delay Rule 23(f) Appeal
In Nutraceutical Corporation v. Lambert, No. 17-1094, 586 U.S. __ (Feb. 26, 2019), the United States Supreme Court once again endorsed the old adage,
United States
8 Mar 2019
4
RESPA Class Action Case Cannot Survive Scrutiny Under Spokeo Or Menominee
On December 7, 2018, a federal court in Maryland issued an important ruling in a Real Estate Settlement Procedures Act ("RESPA") case[1] ("Baehr"), granting a defense motion for summary judgment.
United States
11 Jan 2019
5
Jurisdiction Issues Dog Multistate Class Actions
There is a growing movement to rely on last year's United States Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California to preclude multistate class actions on jurisdictional grounds.
United States
6 Mar 2018
6
The Ninth Circuit's Decision In In Re Hyundai Underscores The Challenges Of Certifying Nationwide Classes
Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation vacated the certification of a nationwide class ...
United States
2 Feb 2018
7
Attacking Nationwide Class Actions Based On Personal Jurisdiction
Earlier this month, Judge Leinenweber of the Northern District of Illinois rejected a named plaintiff's attempt to bring a nationwide class action, basing his decision on the Supreme Court's decision ...
United States
30 Jan 2018
8
Wisconsin Supreme Court Aligns State Class Action Statute With Fed. R. Civ. P. 23
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin's class action procedures in state court actions ...
United States
27 Dec 2017
9
Wisconsin Supreme Court Adopts Significant Changes To State Class Action Statute
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin's class action procedures in state court actions, which are "intended to align [the state rule] ...
United States
27 Dec 2017
10
Challenging Limited Issue Class Actions
A class action that aggregates the claims of individual plaintiffs against a common defendant can promote judicial economy and maximize efficiency.
United States
2 May 2017
11
Are Aggregators Of Government-Created Data The Next Target For Large Class Action Lawsuits?
There is little doubt that large class action lawsuits are a content aggregator's worst nightmare. This especially holds true for those who transact significant amounts of data which may include government-created public records.
United States
21 Jul 2015
12
Supreme Court To Decide Whether Offer Of Judgment Can Moot TCPA Class
The Ninth Circuit in Campbell-Ewald held that a full offer of relief to the named plaintiff did not end the case, and remanded the case to the district court.
United States
19 May 2015
13
U.S. Supreme Court Accepts Review Of Robins v. Spokeo, Inc.
The Supreme Court recently accepted review of one of the most talked about privacy class action and consumer cases of the past year, Robins v. Spokeo, Inc.
United States
29 Apr 2015
14
SCOTUS Upholds Enforceability Of Class Action Waiver In Arbitration Agreements
Once again demonstrating its strong support for enforcement of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and class action waivers, the Supreme Court today struck a blow to what had become a potentially promising argument for plaintiffs' counsel.
United States
3 Jul 2013
15
New SCOTUS Class Arbitration Ruling May Have Limited Impact
The Supreme Court recently issued a unanimous opinion in Oxford Health Plans v. Sutter, No. 12-135, that will be viewed by some as increasing the risk of class proceedings in arbitration.
United States
1 Jul 2013
16
Mooting Plaintiff's Case Might Not End Class Action
Defendants in class actions frequently wonder how, and whether, they can resolve the individual named plaintiff's case and thus get rid of the class action all together.
United States
24 Oct 2012
17
7th Circuit Says CAFA Removal Is A One-Way Street
On January 22, 2010, Judge Posner authored the opinion of the Seventh Circuit in Cunningham Charter Corp. v. Learjet Inc., No. 09-8042, which held that a class action removed to a federal district court under the Class Action Fairness Act (CAFA) must not be remanded simply because a motion to certify a class has been denied.
United States
5 Feb 2010
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