Roger L. Smerage

Roger L. Smerage

K&L Gates LLP

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Spokeo, Inc. v. Robins: U.S. Supreme Court to Consider Whether Plaintiffs Have Standing to Assert a Statutory Violation without...

The United States Supreme Court has granted certiorari to decide whether a statutory violation alone, unaccompanied by any actual harm to the plaintiff, is sufficient to establish Article III standing. See Spokeo, Inc. v....more

5/1/2015 - Article III FCRA Federal Jurisdiction Imminent Harm Popular Private Right of Action SCOTUS Spokeo v Robins Standing Statutory Damages

Supreme Court Won’t Review Class Arbitrability Question Now, But Second Circuit May Hear Case That Could Generate Circuit Split

The United States Supreme Court recently declined to review a Third Circuit decision holding that ordinarily a court, not an arbitrator, determines the availability of classwide arbitration. Opalinski v. Robert Half...more

3/16/2015 - Arbitration Agreements Class Action Class Certification

Mortgage Lenders File Brief with Supreme Court Arguing That Fair Housing Act Does Not Support Disparate-Impact Claims

On November 24, 2014, K&L Gates filed a brief with the United States Supreme Court on behalf of the American Financial Services Association, the Consumer Mortgage Coalition, the Independent Community Bankers of America, and...more

12/2/2014 - DHCA v Inclusive Communities Project Disparate Impact Fair Housing Act Mortgage Lenders SCOTUS

It’s a Whole New Game in Opalinski v. Robert Half International, Inc. – Third Circuit Rules That Courts Decide the Availability of...

There are significant differences between individual (or “bilateral”) arbitration and classwide arbitration that can substantially affect the nature of arbitration as a dispute resolution mechanism. Individual arbitration can...more

8/18/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers

Supreme Court Will Not Review Sixth Circuit Ruling That Courts Decide the Availability of Classwide Arbitration

Recent Supreme Court decisions have favored the enforcement of consumer arbitration agreements requiring individual, rather than classwide, dispute resolution. A number of courts, however, have found that arbitrators, whose...more

6/13/2014 - Arbitration Agreements Class Action LexisNexis SCOTUS

Township of Mount Holly: The United States Supreme Court Considers Whether the Fair Housing Act Recognizes Disparate-Impact...

On September 3, 2013, K&L Gates LLP filed a brief as amici curiae before the United States Supreme Court in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., a case in which the Court will consider...more

9/5/2013 - Disparate Impact Fair Housing Act Liability Mount Holly v Mt. Holly Citizens in Action SCOTUS

Once More unto the Breach: The U.S. Supreme Court Takes Another Case Regarding Class-Wide Arbitration

The United States Supreme Court recently announced that it will return to the trenches of arbitration jurisprudence. Specifically, the Court granted certiorari in Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S.), to...more

12/13/2012 - Arbitration Agreements Class Arbitration Federal Arbitration Act

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