Nathaniel Smith

Nathaniel Smith

Pillsbury Winthrop Shaw Pittman LLP

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Ninth Circuit Lowers Hurdle for Class Certification

On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more

1/6/2017 - Administrative Feasibility Appeals Ascertainable Class Breach of Warranty Class Action Class Certification Consumer Protection Act Due Process False Advertising Forum Shopping Notice Requirements Rule 23 Rule 23(b)(3) Split of Authority Unfair or Deceptive Trade Practices

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

4/25/2013 - Arbitration Arbitration Agreements Class Action Federal Arbitration Act Injunctions Preemption Student Loans Unfair Competition

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