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Posner, Seventh Circuit Narrow Supreme Court’s Holding In Comcast – Certify Butler v. Sears, Roebuck And Co. Class (Again)

Background: Butler v. Sears, Roebuck and Co. is two class action lawsuits rolled into one. The classes have different members and different claims arising from alleged defects in Kenmore-brand Sears washing machines. One...more

Merchants Held To Arbitration Agreements - American Express Co. v. Italian Colors Restaurant

As for a bit of background, the purported class was made up of merchants that accept American Express (“AmEx”) cards. ...more

Comcast v. Behrend: Supreme Court Cuts Power To Cable-Television Customers' Class Action

After months of anticipation, the Supreme Court finally released its decision in Comcast Corp. v. Behrend, No. 11–864. In a 5-4 decision authored by Justice Scalia, the Court reversed the certification of a 23(b)(3) class of...more

Amgen Inc. v. Connecticut Retirement Plans And Trust Funds: Does Supreme Court Put “Cart Before The Horse” To Satisfy Predominance...

To best understand this decision, we need to look at the rules concerning both class actions and securities: - According to Rule 23(b)(3), a class action may be maintained if the court finds that questions of law or...more

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