Mark Johnson

Fifth Circuit Restricts Cy Pres Doctrine in Class Action Settlements

The Fifth Circuit recently issued a significant decision restricting the use of the doctrine of cy pres in class action settlements, as well as affirming the importance of a well-drafted settlement document…more
| Civil Procedure, Civil Remedies, Insurance, Toxic Torts, Consumer Protection

Class Action Waiver in Arbitration Agreement Enforced by Supreme Court

The Supreme Court held that an agreement that requires arbitration of claims only on an individual basis, and precludes class-wide arbitration, is enforceable under the Federal Arbitration Act…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Consumer Protection

Seventh Circuit Issues Significant Decision On Consumer Injunctive Relief Class

In Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830 (Feb, 14, 2011), the Seventh Circuit authoritatively rejected the use of injunctive relief on a class basis for consumer claims…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Consumer Protection

Long Statute of Limitations Encourages Class Actions

Ohio's 15 year statute of limitations for written contracts, the longest in the nation, unnaturally increases exposure in class actions and encourages filing of class actions that assert dubious contract claims. In this article…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts
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