A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
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Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
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It seems like have year has its definining Supreme Court class action suit—and this year it is Comcast Corp. v. Behrend. The ruling, which came down just a few weeks ago, makes it considerably more difficult for to certify...more
Class certification is the critical factor in many class actions. It occurs when a court authorizes a putative class representative, usually an individual or a small group, to represent a much larger class of people who have...more
In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more
Last week, the U.S. Supreme Court issued its long-awaited opinion in Kiobel v. Royal Dutch Petroleum, No. 10–1491 (U.S. Apr. 17, 2013), a significant decision holding that the so-called “Alien Tort Claims Act” or “Alien Tort...more
In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more
Comcast v. Behrend is the latest opinion issued by the U.S. Supreme Court interpreting and applying the procedural rules governing class actions set out in Federal Rule Civil Procedure 23. In order to obtain certification of...more
In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more
On April 16, 2013, with Justice Clarence Thomas writing for a 5-4 majority, the U.S. Supreme Court ruled that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because...more
On April 16, 2013 the U.S. Supreme Court upheld the concept that a wage and hour collective action brought pursuant to the Fair Labor Standards Act (FLSA), can be dismissed for lack of subject matter jurisdiction when the...more
In this issue: - Finders May Pose Risk in Private Capital Raising - NIST Holds First Workshop on Executive Order Cybersecurity Framework - NIST Issues Request for Information, Begins Developing...more
On March 19, 2013, the United States Supreme Court issued its decision in Standard Fire Ins. Co. v. Knowles, ____ S. Ct. ____, 2013 WL 1104735. Writing for the unanimous Court, Justice Stephen Breyer wrote that a...more
In This Issue: - Data-Breach Class Actions After the Supreme Court Decision in Clapper - California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases -...more
On April 1, 2013, the U.S. Supreme Court granted certiorari, and then summarily vacated, the Sixth Circuit Court of Appeals’ decision to certify a class composed of purchasers of Whirlpool washing machines (Whirlpool v....more
The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 2011 BL 110648, 79 U.S.L.W. 4279 (U.S. 2011), has been characterized as a ‘‘game changer’’ in the arbitration arena. Concepcion overturned...more
It’s been a big couple of weeks for class actions, both inside and out of the Supreme Court. Among those cases heard at by our nation’s highest court was Comcast Corp. v. Behrend, in which the justices reversed the...more
In Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act (CAFA) by “stipulating” he will not seek damages in excess of...more
The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged...more
Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....more
In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce...more
In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___...more
In this issue: - SEC Advisory Committee on Small and Emerging Companies Makes Recommendations - SEC Provides Guidance Regarding Social Media and Regulation Fair Disclosure (Regulation FD) - SEC Amends...more
Native American tribes increasingly are engaging in consumer lending over the Internet. These “tribal loans” present unique legal questions and issues, including whether tribal sovereign immunity shields tribes and their...more
In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more
In This Issue: - A Modern Look at The Nine Patent Licensing ‘No-Nos’ (Part Two): The Last Five ‘No-Nos’ *United States - Supreme Court Holds That Class Certification Under Rule 23(b)(3) Is Inappropriate...more
A unanimous Supreme Court has made clear that the Class Action Fairness Act (CAFA) cannot be undermined by a plaintiff's attempt to seek damages of less than the jurisdictional amount. The Court resolved a Circuit split and...more
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