The Supreme Court held today that all members of a certified class must have Article III standing to sue for damages in federal court, but punted on deciding whether a class including members with and without standing...more
6/28/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
The Supreme Court yesterday rejected a counterclaim defendant’s attempt to remove a would-be class action to federal court, holding that even where that defendant, Home Depot, was not an original plaintiff, there was no right...more
5/30/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of Federal Arbitration Act...more
5/1/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS ,
Stolt-Nielsen
The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more
6/16/2017
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Final Judgment ,
Interlocutory Appeals ,
Jurisdiction ,
Microsoft v Baker ,
Petition for Writ of Certiorari ,
SCOTUS ,
Voluntary Dismissals
The Supreme Court held that the Federal Arbitration Act preempts state law governing contract formation where a state rule discriminates against arbitration, a holding with broad implications for state-court decisions that...more
In a 6-2 opinion issued May 16, 2016, the Supreme Court vacated a Ninth Circuit holding that a plaintiff who alleges that his own federal statutory rights have been violated has alleged enough to establish Article III...more
The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more
1/29/2016
/ Auto-Dialed Calls ,
Campbell Ewald v Gomez ,
Class Action ,
Corporate Counsel ,
FCC ,
SCOTUS ,
Standing ,
TCPA ,
Third-Party ,
Vicarious Liability ,
Young Lawyers
The Supreme Court held today that the Fair Housing Act (FHA) not only prohibits intentional discrimination, but also establishes liability for practices that result in a disparate impact on minority groups. Texas Department...more
Yesterday, the Supreme Court relieved decades of uncertainty concerning the filing requirements for removal of cases to federal court from state court by holding that a defendant is required only to file “a short and plain...more
The U.S. Supreme Court held yesterday that defendants in securities fraud class actions can defeat the Basic fraud-on-the-market presumption of reliance at the class certification stage “through evidence that the...more
Early 2014 has produced a series of court decisions highlighting third-party liability issues under the Telephone Consumer Protection Act (TCPA). In February, the U.S. Supreme Court declined to hear a case about liability for...more
In Chadbourne & Parke LLP v. Troice, the U.S. Supreme Court held on February 26, 2014, that the victims of Allen Stanford’s multibillion-dollar Ponzi scheme can proceed with their claims against law firms, insurance brokers,...more
This week the U.S. Supreme Court unanimously held in Mississippi ex rel. Hood v. AU Optronics Corp. that parens patriae actions in which the State is the sole plaintiff are not “mass actions” under the Class Action Fairness...more
During its recently concluded October 2012 term, the Supreme Court of the United States decided seven cases that are likely to have a significant impact on class action practice. This term’s decisions addressed evidentiary...more
A sharply divided Supreme Court held today in Genesis HealthCare Corp. v. Symczyk that if an unaccepted offer of judgment does indeed moot an individual claim (a question the Court expressly declined to reach) then the...more
The Supreme Court unanimously held yesterday in Standard Fire Ins. Co. v. Knowles , 2013 WL 1104735, that a damages - limiting stipulation by the named plaintiff in a putative class action is not binding on absent class...more
This morning the United States Supreme Court affirmed class certification in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds , a securities fraud case. The question presented was whether plaintiffs seeking class...more