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Third Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide...

Who decides whether an arbitration agreement allows for class-wide arbitration — a court or an arbitrator? In the wake of mixed signals from the U.S. Supreme Court, lower courts have been reluctant to answer this question....more

8/6/2014 - Arbitration Arbitration Agreements Arbitrators Class Action Class Action Arbitration Waivers Robert Half SCOTUS

Eleventh Circuit Holds That Filing a Time-Barred Proof of Claim in a Bankruptcy Proceeding Violates the FDCPA

The Fair Debt Collection Practices Act (FDCPA) provides that debt collectors “may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” Nor may a debt collector...more

8/1/2014 - Bankruptcy Code Chapter 13 Consumer Bankruptcy Debt Collection Debt Collectors FDCPA Proof of Claims Statute of Limitations

Third Circuit Holds that Consumers are Not Required to Seek Validation of a Debt before Filing Suit under the FDCPA

On June 26, 2014, in McLaughlin v. Phelan Hallinan & Schmieg, LLP, the Third Circuit held that a consumer is not required to seek validation of a debt he believes is inaccurately described in a debt collection communication...more

7/22/2014 - Debt Debt Collection FDCPA

Recent Superior Court Decision Provides Important Lessons on Appellate Practice in Cases Removed to Federal Court

The Pennsylvania Superior Court’s recent decision in Kurns v. Soo Line Railroad, 2013 Pa. Super. LEXIS 1657 (July 17, 2013), highlights the difficult task that litigants can face in simultaneously navigating the state and...more

8/7/2013 - Appeals Court Appearances Summary Judgment

Behrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the Merits at the Class Certification Stage

The U.S. Supreme Court has sent mixed signals this term regarding when courts can address merits issues at the class certification stage. On March 27, 2013, in Comcast Corp. v. Behrend, the Court reaffirmed that lower courts...more

4/2/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Comcast Comcast v. Behrend Damages Daubert Hearing Expert Testimony Fraud-on-the-Market SCOTUS

Appeals Court Decision Creates Circuit Split and Confusion Surrounding Post-Settlement Appeals of Class Certification Denials

If a court denies class certification, may the named plaintiff settle the case while still keeping the class certification issue alive for appeal? The recent decision in Ruppert v. Principal Life Insurance Company, No....more

3/4/2013 - Appeals Class Certification Settlement Split of Authority

Delaware Court of Chancery Unveils New Rule for Confidential Filings

On November 5, 2012, the Delaware Court of Chancery unveiled a change to its rules for handling confidential filings. The new rule, Rule 5.1, which will go into effect January 1, 2013, imposes stricter requirements on parties...more

11/19/2012

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