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II-33- Hot Summer Trends: The Supreme Court On Class Action Waivers, And The Rise Of Web Site Accessibility Lawsuits
As Memorial Day approaches to usher in the unofficial start of the hot summer season, today's new episode analyzes two red-hot issues: This week's Supreme Court decision on class action waivers, and the staggering rise of web site accessibility lawsuits.
United States
21 Sep 2018
Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000
In "Standard Fire Ins. Co. v. Knowles", the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act.
United States
19 Apr 2013
Supreme Court Continues To Push The Envelope For Merits Determinations
The lesson to class counsel may be that in class actions, pleading or arguing in the alternative can have serious adverse consequences, as the Supreme Court has essentially instructed lower courts to flyspeck class certification evidence for inconsistencies with discarded liability theories.
United States
12 Apr 2013
Video Interview: Discussing Standard Fire v. Knowles With LXBN TV (VIDEO CONTENT)
Following up on my recent post on the case, I had the opportunity to speak with Colin O'Keefe of LXBN regarding the Supreme Court's ruling in Standard Fire v. Knowles.
United States
12 Apr 2013
The Supreme Court's Amgen Decision: Keeping Merits Inquiries Out Of "Fraud On The Market"
While the Supreme Court's recent jurisprudence has increasingly favored merits inquiries at the class certification stage, there is one area in which the Court has been reluctant to blur the distinction between certification and merits: the "fraud on the market" presumption in securities class actions.
United States
8 Apr 2013
Supreme Court: Damages Stipulation Does Not Defeat CAFA Jurisdiction
The Supreme Court held today that a named class plaintiff’s pre-certification stipulation that the class will seek less than $5 million in damages does not defeat federal diversity jurisdiction under CAFA.
United States
2 Apr 2013
Third Circuit: Cy Pres OK, But Don't Get Carried Away
Late last year, the Ninth Circuit affirmed an expansive use of cy pres remedies in class action settlements, refusing to second-guess either the parties’ selection of a cy pres recipient or the district court’s determination that the use of a cy pres remedy was appropriate.
United States
18 Mar 2013
2013 Could Be A High-Water Mark For Class Action Developments
The 2012-13 Supreme Court term has been a hotbed of class action activity, with the justices set to decide at least half a dozen cases that will directly affect class action litigation.
United States
9 Feb 2013
When A Single-Plaintiff Lawsuit Is A "Mass Action"
Four years ago, the Fifth Circuit became one of the first courts to consider the application of CAFA’s "mass action" provision to a suit filed by a state attorney general on behalf of a subset of injured citizens.
United States
17 Jan 2013
Seventh Circuit: "Predominance Is a Question of Efficiency
The question of Rule 23(b)(3) predominance has become an increasingly thorny one for courts ruling on class certification motions, in no small part due to the Supreme Court’s landmark 2011 opinion in Wal-Mart Stores, Inc. v. Dukes.
United States
12 Dec 2012
Ninth Circuit Approves Facebook Settlement, But Who Benefits?
Three years ago, a class action alleging a violation of privacy rights by Facebook was settled prior to class certification.
United States
15 Nov 2012
Seventh Circuit Rules That Medical Necessity Trumps State- Imposed Cap On "Optional" Medicaid Coverage
In a class action lawsuit, the U.S. Court of Appeals for the 7th Circuit recently affirmed a lower court decision granting a preliminary injunction that prevented the state of Indiana from enforcing a $1,000 annual cap on Medicaid coverage for medically necessary dental services.
United States
29 Oct 2012
Can The $5 Million Diversity Threshold Be Stipulated Away?
The Class Action Fairness Act of 2005 creates federal diversity jurisdiction over class actions in which the amount in controversy exceeds $5 million.
United States
10 Oct 2012
N.H. Court Deals Another Blow To Advertising Class Actions
A recent New Hampshire case provides yet another example of the difficulty of establishing predominance for class certification purposes in advertising/consumer deception cases.
United States
25 Sep 2012
Shifting E-Discovery Costs To The Plaintiff In A Potential Class Action: A Pennsylvania Federal Court Tells Plaintiffs' Counsel To "Make the Investment In Discovery"
In what could be a significant opinion for federal class action defendants seeking to limit their e-discovery costs, a court in the Eastern District of Pennsylvania recently held in Boeynaems v. LA Fitness International, LLC, No. 10-2326, No. 11-2644 (E.D. Pa. Aug. 16, 2012), that plaintiffs who were seeking broad discovery regarding class certification issues – including extensive ESI requests -- should share in the costs of the defendant’s discovery production.
United States
12 Sep 2012
Establishing Predominance In Defective Disclosure Cases
A recent New York federal court opinion illustrates the difficulty in establishing predominance where the primary injury alleged is overpayment for a defective product based on misrepresentation or concealment of the defect
United States
15 Aug 2012
Identification Of Absent Class Members: How Much Effort Is Enough?
How much effort must parties to a class action settlement expend in order to ensure that all class members have notice of the settlement and an opportunity to object?
United States
11 Aug 2012
Seventh Circuit: "Comity" Cannot Prevent Class Counsel's Judge-Shopping
A defendant defeats a motion for class certification in federal district court. Another plaintiff files an identical lawsuit, on behalf of the same putative class, in the same court, but the case is assigned to a different judge.
United States
27 Jul 2012
Supreme Court to Review Grant Of Certification In Comcast Class Action
The Supreme Court will delve further next term into the interplay between class certification and rulings on the merits, reviewing the Third Circuit’s affirmance of class certification in an antitrust suit against Comcast.
United States
1 Jul 2012
"Mistakes Were Made" Excessive Rates, Excessive Hours, And Fiduciary Duties In Class Actions
The concept of fiduciary duties has existed since the inception of the legal profession and plays an integral role in class actions.
United States
27 Jun 2012
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