Instead of a trilogy of class action decisions by the U.S. Supreme Court this term, it looks like there will be a “quadrilogy“! For the fourth time in the October 2010 Term, the Court has granted certiorari in a class action-related case. Today, the Court granted cert in Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. The [...]
Posts Tagged ‘scotus’
Supreme Court Adds a Fourth Class Action Case to its Docket
Posted in Class Action Decisions, Federal Civil Procedure, Federal Court Decisions, Securities Class Actions, Supreme Court Decisions, tagged burden of proof, class certification, erica p. john fund, fraud on the market, halliburton, price inflation, scotus, securities class action, securities fraud, Supreme Court, u.s. supreme court on January 7, 2011 | 1 Comment »
Cert Granted in Walmart v. Dukes
Posted in Class Action News, Employment Class Actions, rule 23, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), dukes, dukes v. wal-mart, employment class action, employment discrimination, scotus, u.s. supreme court on December 7, 2010 | 2 Comments »
Can plaintiffs seek back-damages using a class action vehicle that’s built for righting wrongs in equity through remedies like injunction? In the biggest work place class action ever, the United States Supreme Court has granted cert on the question of whether plaintiffs can use the Rule 23(b)(2) injunctive class procedure as a vehicle to seek money damages. [...]
Supreme Court to Hear Argument on FAA Preemption in Cases Involving Class Arbitration Waivers
Posted in Class Action Trends, Supreme Court Decisions, tagged at&t mobile, class arbitration waivers, concepcion, FAA, federal arbitration act, preemption, scotus, Supreme Court, unconscionability on November 4, 2010 | 2 Comments »
The U.S. Supreme Court will hear oral argument next week in a case involving one of the hottest issues in class action law these days, the enforceability of class arbitration waivers. Class arbitration waivers are contract clauses that require arbitration, combined with an agreement to waive the right to pursue any dispute as a class action. AT&T [...]
The United States Supreme Court and Class Actions
Posted in Supreme Court Decisions, tagged CAFA, class action jurisprudence, federalism, preemption, scalia, scotus, shady grove, sotomayor, u.s. supreme court on April 8, 2010 | 1 Comment »
I’m embarrassingly late in posting a link to the Supreme Court’s recent decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, slip op. (S. Ct., March 31, 2010) in which the Court held that a New York state rule prohibiting class actions to recover statutory penalties did not apply in a case filed [...]
Supreme Court Justices Take on Foreign-Cubed Problem
Posted in Class Action News, Class Action Trends, Securities Class Actions, Supreme Court Decisions, tagged f-cubed, foreign cubed, morrison, scotus, securities class action, Supreme Court, transnational class action on March 30, 2010 | Leave a Comment »
The United States Supreme Court heard oral argument Monday in the foreign cubed securities class action Morrison v. National Australia Bank, Ltd., Case No. 08-1191. A copy of the transcript is available on the Court’s website. Professor Hannah L. Buxbaum, Executive Associate Dean for Academic Affairs at the Indiana University Maurer School of Law at Bloomington, has [...]
Supreme Court Considers “Inquiry Notice” Standard in Securities Class Actions
Posted in Class Action News, Securities Class Actions, Supreme Court Decisions, tagged inquiry notice, merck v. reynolds, scienter, scotus, securities class action, u.s. supreme court, United States Supreme Court, vioxx on November 30, 2009 | Leave a Comment »
The Supreme Court heard argument today in the securities class action case, Merck & Co., Inc. v. Reynolds, No. 08-905 (U.S.). The case involves allegations that the defendant defrauded investors by making false statements about the health risks associated with the drug Vioxx. The issue in the case, courtesy of SCOTUS Wiki, is Whether under the “inquiry [...]
U.S. Supreme Court Considers Class Action Issues
Posted in Class Action News, Supreme Court Decisions, tagged CAFA, foreign cubed, inquiry notice, scotus, securities fraud, Supreme Court, u.s. supreme court on June 23, 2009 | Leave a Comment »
This month’s edition of BNA, Inc.’s Class Action Litigation Reporter (available by subscription) tipped me off to three interesting class action-related cases pending before the United States Supreme Court: 1) Morrison v. National Australia Bank, No. 08-1191 (cert pending). The Court invited the Solicitor General to submit a brief expressing the U.S. government’s views on a petition for certoriari [...]
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Is Smith v. Bayer a Case About Class Action Abuse or Abuse of Federal Power?
Posted in Commentary, Federal Civil Procedure, Federal Court Decisions, Supreme Court Decisions, tagged anti-injunction, collateral estoppel, federalism, in re baycol, issue preclusion, judgment, relitigation exception, roberts court, scotus, smith v. bayer, states' rights, u.s. supreme court on January 18, 2011 | Leave a Comment »
Earlier today, the U.S. Supreme Court held oral argument in Smith v. Bayer, which raises the question of a federal court’s power to enjoin a state court from considering class certification after the federal court had previously denied certification. A copy of the argument transcript is available for download at the Supreme Court’s website. Some of the key [...]
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