Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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One Step Forward, One Step Back: Court of Appeal Denies Arbitration in Imburgia

Fresh on the heels of signs during the Iskanian oral argument that the California Supreme Court might at least partially fall in line behind the rule of Concepcion (subscr. req.), we received a reminder that arbitration...more

4/21/2014 - Arbitration AT&T Mobility v Concepcion DirectTV Iskanian SCOTUS

Waiting for Iskanian, Part 2: Italian Colors, Sonic-Calabasas and Iskanian

One would have thought in the wake of Concepcion that Gentry was doomed: Concepcion expressly killed off Discover Bank; Gentry was expressly described by the Court itself as a gloss on Discover Bank; therefore, Concepcion...more

4/1/2014 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Discover Bank Rule Iskanian SCOTUS

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

4/24/2013 - Article III Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 Rule 68 SCOTUS

Why Russell v. SNFA Matters

On Thursday morning, the Illinois Supreme Court filed its decision in Russell v. SNFA. We were watching Russell closely here at Appellate Strategist because it was the Court's first opportunity to apply the United States...more

4/22/2013 - Foreign Manufacturers Forum State J. McIntyre Machinery v. Nicastro Manufacturers Personal Jurisdiction SCOTUS Stream of Commerce

A Tale of Three Cases: California's Split Over Concepcion Continues

In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more

4/5/2013 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Discover Bank Rule Rest and Meal Break SCOTUS Unconscionable Contracts Wage and Hour

Comcast Corp. v. Behrend: Even More Than Meets the Eye?

On Wednesday, the United States Supreme Court handed down its opinion in another of this term’s major class action cases. Following on the heels of Standard Fire Insurance Co. v. Knowles, where the Court closed a loophole...more

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

Supreme Court Unanimously Holds Plaintiffs Can't Stipulate Around CAFA

On Tuesday morning, a unanimous U.S. Supreme Court decisively closed a loophole in the Class Action Fairness Act, holding in Standard Fire Insurance Co. v. Knowles that a purported stipulation by the named plaintiff to seek...more

3/22/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

Glazer Should Be Added to SCOTUS' Class Action Docket

As I’ve noted in several previous posts, the new term at the U.S. Supreme Court is shaping up as a major one for class action litigation. Today I preview Whirlpool Corp. v. Glazer, a case still in the petition stage which the...more

11/16/2012 - Class Action SCOTUS

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