Earlier this week, the United States Supreme Court held that a defendant removing a putative class action from state to federal court pursuant to the Class Action Fairness Act of 2005 (CAFA) need not submit evidence to...more
The potential for enormous financial exposure for defendants in class actions often results in settlement, particularly after class certification. Courts have traditionally granted “rubber-stamp” approval of such settlements,...more
Last year in Standard Fire v. Knowles, 133 S. Ct. 1345 (2013), the U.S. Supreme Court held that class action plaintiffs could not avoid removal to federal court under the Class Action Fairness Act of 2005 (CAFA) by...more
2013: The Year in Review -
Supreme Court Issues Two Notable Opinions on Class-Wide Arbitration -
The United States Supreme Court issued two opinions in 2013 recognizing that class-wide arbitration will...more
In This Issue:
- Is the Ascertainability “Requirement” Plaintiffs’ New Foe?
- Whirlpool and Butler: Liability-Only Classes in a Post-Comcast World
- Recent Cases of Note
- Excerpt from Is the Ascertainability...more
The Federal Insurance Office (FIO) released its long-awaited report, "How to Modernize and Improve the System of Insurance Regulation in the United States" (Report) on December 12, 2013. In its Report, the FIO acknowledges...more
On November 19, 2013, the House Financial Services Subcommittee on Oversight and Investigations held a hearing entitled "A General Overview of Disparate Impact Theory."
The hearing covered the use of disparate impact...more