Mayer Brown - Class Defense Blog

D.C. Circuit Weighing FCC’s Controversial 2015 TCPA Declaratory Ruling

Yesterday, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC’s 2015 Declaratory Ruling and Order,…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Consumer Protection, Privacy

Plaintiffs’ Lawyers Try to Spin Spokeo

A peculiar thing happened after the Supreme Court announced its decision in Spokeo, Inc. v. Robins on Monday. Even though the Court ruled in favor of Spokeo—vacating the Ninth Circuit’s ruling that the plaintiff had…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Finance & Banking

Supreme Court Holds in Spokeo that Plaintiffs Must Show “Real” Harm to Have Standing to Sue for Statutory Damages

The Supreme Court today issued its decision in Spokeo, Inc. v. Robins, a closely-watched case presenting the question whether Article III’s “injury-in-fact” requirement for standing to sue in federal court may be satisfied by…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Finance & Banking

The CFPB’s Proposed Anti-Arbitration Rule

The rule just proposed by the Consumer Financial Protection Bureau to regulate arbitration agreements is not a surprise: the Bureau has said for months that it was developing such a rule. This post examines the details of…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking

Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration

A unanimous panel of the Fourth Circuit has held Del Webb Communities, Inc. v. Carlson that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to decide—unless…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Construction Law, Real Estate - Residential

What does Tyson Foods, Inc. v. Bouaphakeo mean for class actions?

The class action plaintiffs’ bar celebrated yesterday’s Supreme Court’s decision in Tyson Foods, Inc. v. Bouaphakeo (pdf), rejecting Tyson’s challenge to class certification. One lawyer called it “a huge David v. Goliath…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Supreme Court affirms certification of FLSA collective action in Tyson Foods, Inc. v. Bouaphakeo

Under Federal Rule of Civil Procedure 23(b)(3), a court may certify a suit for damages as a class action when “there are questions of law or fact common to the class” that “predominate over any questions affecting only…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Tenth Circuit holds that environmental contamination case doesn’t require remand under Class Action Fairness Act’s “local controversy” exception

Although the Class Action Fairness Act of 2005 (CAFA) permits most significant class actions to be heard in federal court, the law requires district courts to remand so-called “local controversies” to state court. A “local…more
| Civil Procedure, Energy & Utilities, Environmental Law, Real Estate - Residential, Toxic Torts

Second Circuit holds that class action seeking “meaningless” relief shouldn’t be certified

We’ve often argued that when the principal rationale for approving a low-value class settlement is that the claims are weak, that is a signal that the case should not have been filed as a class action in the first place. The…more
| Civil Procedure, Finance & Banking

Supreme Court holds that an unaccepted offer of judgment doesn’t moot a class action

Article III of the Constitution limits the jurisdiction of federal courts to “cases” and “controversies.” As the Supreme Court recently explained in Genesis HealthCare Corp. v. Symczyk, a lawsuit does not present an Article III…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Privacy

Supreme Court Holds that Federal Arbitration Act Preempts California Court’s Interpretation of Arbitration Clause

[unable to retrieve full-text content]In AT&T Mobility LLC v. Concepcion, the Supreme Court held that the Federal Arbitration Act (“FAA”) preempts state-law rules barring enforcement of an arbitration agreement if the agreement…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws

California Supreme Court Holds That Federal Organic Food Labeling Regime Does Not Preempt Claims of “Intentional” Mislabeling

What’s the difference between claiming that a food product is improperly certified as organic and claiming that the producer was properly certified but the product isn’t really organic? A unanimous California Supreme Court held…more
| Agriculture, Civil Procedure, Communications & Media Law, Conflict of Laws

Supreme Court Hears Argument in Tyson Foods v. Bouaphakeo—and a Blockbuster Class Certification Ruling Seems Less Likely

The Supreme Court on Tuesday heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, a case that has been closely watched for its potential to narrow the circumstances in which a class action may be certified under…more
| Civil Procedure, Labor & Employment Law

Eighth Circuit Decertifies Environmental Nuisance Class Action Alleging “Fear of Contamination” Without More

The Eighth Circuit recently issued a decision reversing class certification for lack of commonality. In Smith v. ConocoPhillips Pipe Line Co., the Eighth Circuit considered a class action proceeding on a nuisance theory…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Can an Offer of Judgment to the Named Plaintiff Moot a Class Action? Supreme Court Hears Arguments in Campbell-Ewald Co. v. Gomez

Can a named plaintiff press ahead with a class action if he or she “won’t take ‘yes’ for an answer”? That colorful question, which Chief Justice Roberts asked counsel for the respondent during oral arguments yesterday in…more
| Civil Procedure, Constitutional Law
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