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Oral Argument Class Action

Pierce Atwood LLP

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

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At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to...more

Pierce Atwood LLP

Supreme Court Hears Oral Argument on Article III Standing of Testers to Bring ADA Website Accessibility Class Actions

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Earlier this week, the Supreme Court heard oral argument in Acheson Hotels, LLC v. Laufer, a case that we have summarized in prior blog posts. Just months ago, there was doubt whether the Supreme Court would hear the case at...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - May 2023

Supreme Court Hears Argument on Traceability Requirement in Circuit-Split Slack v. Pirani - Key Points - - Before the end of June, the U.S. Supreme Court is expected to issue a decision in a high-profile securities case...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Holds Forfeiture of Tax Sale Surplus Proceeds is a Governmental Taking

“The taxpayer must render unto Caesar what is Caesar’s, but no more.” Tyler v. Hennepin County, No. 22-166, Slip Op. at 14 (May 25, 2023) - Less than a month after oral argument, the United States Supreme Court ruled...more

McDermott Will & Emery

This Week in 340B: May 2023 #3

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This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick...more

Fisher Phillips

SCOTUS Predictions: Divided Court Will Reach Close Decision in Critical Arbitration Case

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Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more

Proskauer - California Employment Law

Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims

Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the...more

Morrison & Foerster LLP - Class Dismissed

Relief For The Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members Are...

The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v....more

Goodwin

Massachusetts Superior Court BLS Finds No Duty To Disclose Alleged Preliminary Merger Discussions

Goodwin on

Massachusetts Superior Court BLS Finds No Duty to Disclose Alleged Preliminary Merger Discussions, Northern District of California Declines to Dismiss Oracle Fraud Class Action Suit, SCOTUS Hears Oral Argument in Goldman...more

Wiley Rein LLP

Supreme Court Argument Analysis: TransUnion LLC v. Ramirez

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On March 30, the U.S. Supreme Court heard oral arguments in TransUnion LLC v. Ramirez, a case in which the Court is revisiting the issue of what constitutes an “injury-in-fact” to satisfy Article III standing under the Fair...more

Ballard Spahr LLP

CFPB files amicus brief in Maryland Court of Appeals seeking rejection of class action settlement

Ballard Spahr LLP on

The CFPB has filed an amicus brief in the Maryland Court of Appeals urging the court to affirm the decision of the Court of Special Appeals reversing the trial court’s approval of a settlement agreement in a class action...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation – January 2019 Hearing Session Preview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for January 31, 2019 in Miami, Florida. Six matters are set for oral argument to consider motions to transfer each...more

Moore & Van Allen PLLC

Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements

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What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more

Moore & Van Allen PLLC

What About the Merits – What, If Anything, Will the Supreme Court Do With Cy Pres-Only Class Action Settlements?

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We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The settlement is a cy pres-only...more

Bradley Arant Boult Cummings LLP

The Impact of Disparate State Laws on Class Certification for Settlement Purposes: Ninth Circuit to Review Hyundai and Kia Fuel...

The Ninth Circuit has agreed to review a panel decision from the court which rejected a settlement in multidistrict litigation over the fuel efficiency of Hyundai Motor America Inc. and Kia Motors Corp. vehicles. The case and...more

Proskauer - Minding Your Business

A Shot in the Arm: Second Circuit Holds Flu Shot Text Messages Didn’t Violate TCPA

Earlier this month, the Second Circuit ruled that Mount Sinai Health System did not violate the Telephone Consumer Protection Act (TCPA) when it sent automated flu shot text message reminders to patients. The three-judge...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation: November Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation is scheduled for November 30, 2017 in St. Louis, Missouri. Eight matters are set for oral argument to consider motions to transfer each...more

A&O Shearman

U.S. Supreme Court Schedules Oral Argument In Case That Raises Issue Of Whether State Courts Have Jurisdiction Over Securities Act...

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The U.S. Supreme Court has scheduled oral argument on November 28, 2017 in Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, a case that is expected to resolve the issue of whether state courts continue to...more

Fisher Phillips

Court Presses Pause On Uber Misclassification Cases, Awaiting SCOTUS Ruling On Class Waivers

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The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more

Goodwin

New Jersey District Court Considers Expansion of FCRA Liability

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On July 17, 2017, a New Jersey federal district court heard oral arguments in a motion to dismiss a putative class action lawsuit alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a et seq. The...more

Dorsey & Whitney LLP

Online Services Companies Await Supreme Court Ruling on Standing to Bring Class Actions under Fair Credit Reporting Act

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On November 2, 2015, the U.S. Supreme Court heard a contentious round of oral arguments in a case that may significantly change the landscape of consumer class actions. The case, Spokeo, Inc. v. Robins, is a class action...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Critical of DOL Test in Pending Unpaid Intern Cases

Glatt et al. v. Fox Searchlight Pictures Inc., No. 13-4478 (2d Cir.) and Wang et al. v. The Hearst Corp., No. 13-4480, (2d Cir.): On January 30, 2015, the Second Circuit Court of Appeals held oral arguments in two closely...more

Burr & Forman

The Supreme Court Considers The Requirements For Removal

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The Class Action Fairness Act of 2005 (“CAFA”) outlines the federal courts’ diversity jurisdiction over class actions. Among other things, it increased the amount in controversy to $5 million (28 U.S.C. § 1332(d)(2), (6)),...more

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