The efficiency of the US class action regime hinges upon a core procedural mechanism: the class representative. By permitting a large group of plaintiffs with typically modest claims to rely on a small subset of...more
As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and...more
11/29/2023
/ Attorney's Fees ,
Bellwether Verdicts ,
Class Action ,
Federal Rules of Civil Procedure ,
FRCP 23(e) ,
Judicial Settlement Agreements ,
Litigation Fees & Costs ,
Mass Tort Litigation ,
Multidistrict Litigation ,
Settlement ,
Settlement Negotiations ,
UK
The Supreme Court held that a corporation can be subject to personal jurisdiction in a state in which it has registered to do business—solely on that basis, and regardless of the extent of its operations in that state. ...more
6/29/2023
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Constitutional Challenges ,
DaimlerChrysler v Bauman ,
Due Process ,
Foreign Corporations ,
General Jurisdiction ,
Incorporation ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Registration Requirement ,
SCOTUS ,
State of Incorporation ,
Statutory Interpretation
On June 25, 2021, the Supreme Court revisited the issue of Article III standing for the first time since Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). In TransUnion LLC v. Ramirez, No. 20-297, 2021 WL 2599472, -- S. Ct. --...more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
It has been nearly three months since the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law. As we’ve written in previous Client Alerts, the CARES Act modifies the Fair Credit Reporting...more
The Paycheck Protection Program (PPP) has seen extraordinary demand since the passage of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act on March 27, 2020. Prior to the PPP going live just days later on April...more
The Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136 (the “CARES Act”) was signed into law on March 27, 2020. Although much has been made of the obligations imposed on student loans and the servicers of...more
The rapid spread of COVID-19 and related government public safety mandates have caused numerous companies to make difficult business decisions as well as reassess their ongoing business practices. As companies prepare for the...more
On the evening March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) in response to the coronavirus (COVID-19) outbreak. The House of Representatives passed the CARES Act...more
On July 13, 2018, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment against a plaintiff that lacked Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. §...more
8/16/2018
/ Appeals ,
Article III ,
Background Checks ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Job Applicants ,
Private Right of Action ,
Spokeo ,
Standing ,
State Farm ,
Summary Judgment
The Supreme Court’s seminal decision in Murphy v. NCAA (formerly known as Christie v. NCAA) removes the federal ban on sports betting and returns to the states the ability to regulate sports betting. Some may believe the...more
5/15/2018
/ Anti-Commandeering ,
Appeals ,
Constitutional Challenges ,
Murphy v National Collegiate Athletic Association ,
NCAA ,
PASPA ,
Reversal ,
SCOTUS ,
Sports Gambling ,
State Sovereignty ,
States Rights ,
Tenth Amendment
On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more