Two readers sent me tips yesterday on important decisions from the Second and Third Circuit Courts of Appeals that will be of interest to class action practitioners: First, John G. Papianou of the Philadelphia firm Montgomery, McCracken, Walker & Rhoads, LLP forwarded a copy of the Third Circuit’s decision in Long v. Tommy Hilfiger U.S.A., Inc., No. 11-1554 (3d Cir., [...]
Posts Tagged ‘Supreme Court’
The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, circuit court of appeals, class arbitration waiver, concepcion, consumer class action, credit card, expiration date, FAA, FACTA, hilfiger, scotus, second circuit, stolt-nielsen, Supreme Court, third circuit on February 2, 2012 | 1 Comment »
Dukes, Medical Monitoring, and the Distinction Between Equitable and Injunctive Relief
Posted in Articles, Class Action Trends, Practice Tips, rule 23, Supreme Court Decisions, tagged 23(b)(2), class certification, commonality, daubert, dukes, equitable, expert, injunctive relief, medical monitoring, rule 23, scotus, Supreme Court, wal-mart on January 30, 2012 | Leave a Comment »
I’m embarrassingly late in posting a link to a terrific article from Steptoe & Johnson Partner Jennifer Quinn-Barabanov entitled Has Dukes Killed Medical Monitoring? The article, published in the November 2011 Issue of DRI’s For the Defense Magazine, explores the potential impact of the Supreme Court’s decision Dukes in defending against class certification of product liability [...]
Supreme Court Considers New Attack on Enforceability of Arbitration Agreements
Posted in Class Action News, Supreme Court Decisions, tagged arbitration, arbitration agreement, class action, class action waiver, class arbitration waiver, compucredit, concepcion, consumer class action, consumer rights, croa, FAA, federal arbitration, greenwood, oral argument, scotus, Supreme Court on October 11, 2011 | Leave a Comment »
It has only been a few months since the Supreme Court issued its decision in AT&T Mobility v. Concepcion, holding that state laws holding class arbitration waivers unenforceable as against public policy are preempted by the Federal Arbitration Act (FAA), and the Court is already considering a new case involving the enforceability of arbitration agreements in consumer contracts. [...]
Class Actions Won’t Die this Easily
Posted in Articles, Class Action Trends, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class action, concepcion, death knell, dukes, Supreme Court, wal-mart on September 29, 2011 | 1 Comment »
UPI contributor Michael Kirkland published a recent article entitled Is Class Action on Its Last Shaky Legs, in which he quotes several legal experts as predicting that the Supreme Court’s recent rulings in Wal-Mart Stores, Inc. v. Dukes and AT&T Mobility LLC v. Concepcion could spell the end of the class action lawsuit. But, near the end of [...]
Perspectives on the October 2010 Supreme Court Term
Posted in Articles, Class Action Trends, Commentary, tagged bayer, class action, class certification, dukes, erica p. john fund, halliburton, scotus, scotusblog, Supreme Court, u.s. supreme court, wal-mart on August 31, 2011 | Leave a Comment »
My submission to the SCOTUSblog Class Action Symposium is now available for viewing. Click the title below for the link: The October 2010 Supreme Court Term in review: For defendants, life returns to normal after the celebration ends
Don’t Miss the Class Action Symposium on SCOTUSblog
Posted in Articles, Class Action Trends, Commentary, Other class action blogs, Supreme Court Decisions, tagged class action, class action symposium, Class Action Trends, class certification, dukes, erica p. john fund, halliburton, scotus, smith v. bayer, Supreme Court, wal-mart on August 30, 2011 | Leave a Comment »
The award-winning U.S. Supreme Court blog SCOTUSblog is presenting a symposium on recent Supreme Court developments in the area of class actions that you won’t want to miss. Click here for an introduction to the symposium and here to see a list of the various contributions as they are released. I’m extremely honored to be listed [...]
Don’t Miss this Exciting CLE Webinar: “Class Certification After Dukes, Bayer and Halliburton Rulings”
Posted in CLE Programs, tagged bayer, class certification, CLE program, dukes, erica p. john fund, halliburton, rule 23, scotus, smith v. bayer, Supreme Court, u.s. supreme court, wal-mart, webinar on August 4, 2011 | 1 Comment »
For those of you who simply can’t get enough of the Supreme Court’s recent class action rulings, I will be speaking in an upcoming live phone/web seminar sponsored by Strafford Publications entitled “Class Certification After Dukes, Bayer and Halliburton Rulings.” The Webinar is scheduled for Tuesday, August 30, 1:00pm-2:30pm EDT. Here is a summary: The [...]
Presentation Materials for Wal-Mart Stores, Inc. v. Dukes: Reshaping Class Certification
Posted in CLE Programs, Supreme Court Decisions, tagged cba cle, cle, cle colorado, dukes, Supreme Court, wal-mart on July 11, 2011 | Leave a Comment »
In case you’re interested, I’m posting this link to my presentation materials for tomorrow’s CLE, Wal-Mart Stores, Inc. v. Dukes: Reshaping Class Certification. at the Colorado Bar Association. The materials may be a bit cryptic without the oral part of the presentation, but all the more reason to attend the program! If you are a Denver-area lawyer, I [...]
Don’t Miss Next Week’s CBA-CLE Legal Connection Program, Wal-Mart v. Dukes: Reshaping Class Certification
Posted in CLE Programs, tagged 23(b)(2), class certification, classwide proof, cle, common proof, commonality, continuing legal education, daubert, disparate impact, dukes, employment class action, expert testimony, rigorous analysis, scotus, statistical evidence, Supreme Court, wal-mart on July 5, 2011 | Leave a Comment »
Along with leading Colorado Employment attorney Todd J. McNamara, I’ll be presenting at a breakfast seminar at the CBA-CLE next Tuesday with the (hopefully) self-explanatory title: Wal-Mart v. Dukes: Reshaping Class Certification. The particulars follow below. Hope to see you there! When: July 12, 2011 8:30 AM – 9:30 AM Where: CLECI Large Classroom 1900 Grant Street, Suite 300 [...]
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Third Circuit Applies a Broad Reading of Concepcion
Posted in Class Action Decisions, Commentary, Federal Court Decisions, tagged AT&T Mobility, class action waiver, class arbitration, class arbitration waiver, concepcion, FAA, litman, Supreme Court, third circuit on September 1, 2011 | Leave a Comment »
My recent SCOTUSblog post on the October 2010 Supreme Court Term class action decisions does not address an important decision from the Third Circuit Court of Appeals, which was issued last week. In Litman v. Cellco Partnership, the Third Circuit held that New Jersey decision holding class arbitration waivers unconscionable was preempted by the Federal Arbitration Act. To [...]
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