Work commitments have prevented me from commenting in detail on some key developments in class actions over the past week or so, but please be sure to check out my Twitter feed for some links. The key developments include: 1) the Supreme Court granting certiorari in Amex III to decide whether federal law can apply to hold a class arbitration waiver unconscionable; and 2) Judge Posner’s decision favorable to class certification of warranty claims in case involving allegedly moldy washing machines.
Posts Tagged ‘amex III’
Posted in Class Action Trends, Class Arbitration Waivers, rule 23, Supreme Court Decisions, tagged american express, amex III, arbitration, class action, class arbitration, class arbitration waiver, class certification, efficiency, FAA, posner, scotus, Supreme Court, warranty on November 15, 2012 | Leave a Comment »
Posted in Class Action Trends, Federal Civil Procedure, Federal Court Decisions, Lawyers' Resources, Other class action blogs, tagged american express merchants, amex III, arbitration, class action, compucredit, concepcion, employment class action, FAA, federal arbitration act, federal common law, federal statutory law, greenwood, iqbal, lewis, mersol, pleading, rule 8, scalia, twombly, unconscionability on February 9, 2012 | Leave a Comment »
The Baker Hostetler Employment Class Action Blog is constantly putting out quality content, but they have two new recent posts that I would especially recommend to my readers. They include:
- This February 6 post from John Lewis discussing the impacts, both on employment cases and otherwise, of the Second Circuit’s recent Amex III decision.
- This February 6 Post from Greg Mersol discussing a recent federal court decision holding that the pleading standards articulated in Iqbal and Twombly do not apply to affirmative defenses in class actions.
- This January 20 post from John Lewis discussing the U.S. Supreme Court’s most recent pro-arbitration opinion in CompuCredit Corp v. Greenwood.
Even if you aren’t an employment lawyer, I would strongly suggest adding www.employmentclassactionreport.com to your list of favorites!
Posted in Class Action Decisions, Class Action News, Class Action Trends, Federal Court Decisions, tagged american express merchants, amex III, arbitration waiver, class arbitration, concepcion, FAA, stolt-nielsen on February 7, 2012 | 3 Comments »
As promised in my post late last week, the Baker Hostetler client alert on last week’s Second Circuit decision in In Re American Express Merchants’ Litigation, No. 06-1871 (2d Cir., Feb. 1, 2012) (Amex III) was released today. Here is a link to the alert, authored by New York partner Deborah Renner and Columbus associate Jennifer Vessells, and titled Second Circuit Again Holds Class Action Waiver Unenforceable.