Dustin Dow

Dustin Dow

BakerHostetler

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California Supreme Court Again Considers the Validity of Class and Representative Action Waivers

Today, in a highly-anticipated decision, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, Inc. (Case No. S204032), resolved several long-standing questions regarding the impact of class and...more

6/24/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Iskanian SCOTUS Trucking Industry

Due for review? The Allstate Insurance Co. v. Jacobsen certiorari petition frames state-court class action due process debate for...

Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members. Now, a new petition for certiorari review presents the Court with...more

3/11/2014 - Allstate Certiorari Class Action Due Process SCOTUS

Moldy Washing Machines at the Supreme Court: A Platform for Further Development of Rule 23?

Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more

1/22/2014 - Butler v Sears Class Action Comcast Comcast v. Behrend Dukes v Wal-Mart Mold Litigation SCOTUS Sears Wal-Mart Whirlpool Whirlpool v Glazer

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant - Worth the Wait

The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential...more

6/24/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

After Standard Fire Uncertainty Continues About the Legal Certainty Standard for CAFA Removal in California District Courts

Of all the recent landscape-shifting opinions the Supreme Court has issued in the class-action arena, perhaps none appear as straightforward as Standard Fire Insurance Co. v. Knowles, 133 S.Ct. 1345 (2013)....more

6/14/2013 - CAFA Class Action Removal SCOTUS Standard Fire Ins. Co. v. Knowles

Oxford Health Plans v. Sutter - The Perils of Choosing an Arbitrator to Resolve Potential "Gateway Matters"

A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that party cannot later seek judicial intervention if it disagrees with the...more

6/11/2013 - Arbitration Arbitration Agreements Arbitration Awards Class Action Contract Interpretation Federal Arbitration Act SCOTUS

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification but Leaves the...

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and other types of class...more

4/2/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Daubert Hearing Dukes v Wal-Mart Expert Testimony SCOTUS

Surveying the Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification

In the latest class action case before the U.S. Supreme Court, a majority of the Court extended the Wal-Mart v. Dukes analysis to damages and held: proposed damages must be measurable on a classwide basis. ...more

3/29/2013 - Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart SCOTUS Wal-Mart

U.S. Supreme Court Opens the Door Wider for Defendants to Remove Class Actions to Federal Court in Standard Fire Insurance v....

The U.S. Supreme Court resoundingly signaled an end to a form of statutory manipulation in the class action arena Tuesday. A unanimous court held that named plaintiffs in class actions may not defeat federal removal...more

3/27/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

CAFA Unchained - Court Bolsters CAFA's Coverage in Standard Fire Insurance v. Knowles

The U.S. Supreme Court resoundingly signaled an end to a form of statutory manipulation in the class action arena Tuesday. A unanimous Court held that named plaintiffs in class actions may not defeat federal removal...more

3/20/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction Removal SCOTUS

Text Versus Intent - Justices Consider CAFA's Reach

A familiar debate involving alternative methods of statutory interpretation erupted again at the Supreme Court on Monday, January 7, 2013....more

1/10/2013 - CAFA Class Action Removal SCOTUS Standard Fire

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