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2017 Class Action Review

We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year. This comprehensive analysis of last year’s developments in class...more

2016 Class Action Year-End Review

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more

Justices to Consider Arbitration Agreements With Class Waivers – The End of the Beginning?

Apologies to Winston Churchill, but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and ideological struggle. Some view individual arbitration as a quicker and less...more

Sixth Circuit Rejects Class Action Settlement With Key Documents Under Seal

All’s not fair in secretive class-action settlements. If class actions are the exception, then class-action settlements are a reflection of that exception. Specifically, the secrecy that might otherwise accompany...more

Lewis v. Epic Systems Opinion – Seventh Circuit Swimming Against the Tide on Mandatory Individual Arbitration

In a sweeping May 26 opinion, the U.S. Court of Appeals for the Seventh Circuit shook up the arbitral landscape and created a remarkable circuit split regarding the enforceability of arbitration agreements with class action...more

Standing Together to a Point: Spokeo Holding Reflects Broad Supreme Court Agreement on Standing Rules in Actions Raising Statutory...

Amid the meteoric rise of statutory damage class action filings, the Supreme Court laid out ground rules on Monday for when a case meets both components of the injury-in-fact requirements of Article III. In a 6-2 opinion...more

When a Published Data Breach is a Covered Data Breach

Can an inadvertent Internet posting of a patient’s medical information trigger insurance coverage for liability stemming from a data-breach class action? The Fourth Circuit held last week that it can, and it added to the...more

BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)

We are pleased to share with you the BakerHostetler 2014 Year-End Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation...more

The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims

The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek classwide or multiparty representational relief. The Supreme Court on Tuesday denied...more

High-Court Showdown Looming? NLRB Defends D.R. Horton Section 7 Decision with Full-Throated Rebuttal in Murphy Oil

In the wake of federal circuit courts rejecting its position on the issue of class action waivers, the National Labor Relations Board is digging in its heels, perhaps preparing itself for a Supreme Court battle. Employers...more

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

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

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

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

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

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

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

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

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

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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