The Wal-Mart v. Dukes argument was held as scheduled today. Here is a Wal-Mart v. Dukes Oral Argument Transcript. Some initial observations: The beginning of the defendant’s argument was focused on the proper standard for reviewing whether the plaintiff had sufficiently common evidence of a uniform policy. It was not until later in the defendant’s [...]
Posts Tagged ‘sotomayor’
Wal-Mart v. Dukes Oral Argument Transcript
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged back pay, commonality, dukes, employment discrimination, ginsburg, injunctive relief, kagan, oral argument, predominance, rule 23(b)(2), scalia, sotomayor, Supreme Court, typicality, wal-mart on March 29, 2011 | 1 Comment »
Second Circuit Deals Another Blow to Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Federal Court Decisions, tagged arbitration, arbitration waiver, class action waiver, class arbitration waiver, FAA, federal arbitration act, public policy, second circuit, sotomayor, stolt-nielsen on March 9, 2011 | 2 Comments »
Class arbitration waivers are contract provisions that require disputes be submitted to arbitration but also expressly preclude the arbitration from being conducted on a representative or class basis. Class arbitration waivers have been a hot topic in class action litigation over the past few years, as some courts have found that in certain contexts that the are unenforceable in violation of public [...]
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 [...]
More on Sotomayor, Class Actions and Business
Posted in Class Action News, Other class action blogs, tagged sotomayor, supreme court nomination, supreme court nominee, u.s. supreme court, United States Supreme Court on May 27, 2009 | 1 Comment »
To follow up with yesterday’s CAB entry on Supreme Court Nominee Sonia Sotomayor, here are some key quotes from other entries from around the web discussing her record in class actions and related litigation: Business Week: ”When it comes to class-action lawsuits and securities-fraud cases, Sotomayor’s record holds as a pragmatist.” http://www.businessweek.com/blogs/money_politics/archives/2009/05/sotomayor_on_di.html?chan=top%20news_top%20news%20index%20-%20temp_news%20+%20analysis (via Securities Docket) Lots, Stocks, [...]
Supreme Court Appointee Sotomayor’s Judicial Record in Class Actions
Posted in Class Action News, Commentary, tagged obama appointee, sonia sotomayor, sotomayor, Supreme Court, supreme court appointee, supreme court appointment on May 26, 2009 | 7 Comments »
After hearing and reading countless media reports today about how Supreme Court Appointee Sonia Sotomayor’s judicial record will be scrutinized between now and her confirmation, I got to wondering about her judicial record in class actions. My research turned up a few key cases on class action issues, which I have summarized below. In Dabit v. Merrill [...]
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Elena Kagan and Class Actions
Posted in Class Action News, tagged across-the-board, class action commentary, elena kagan, falcon, kagan, sotomayor, u.s. supreme court, unity of interest on May 18, 2010 | Leave a Comment »
When the Supreme Court nomination of then-Judge Sonia Sotomayor was announced, I put together this summary of her fairly significant judicial record on class action issues. Finding any record on class action issues for current nominee Elena Kagan has been more of a challenge, since she has not served as a judge. However, Solicitor General Kagan does have a background [...]
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