Last year in Standard Fire v. Knowles, 133 S. Ct. 1345 (2013), the U.S. Supreme Court held that class action plaintiffs could not avoid removal to federal court under the Class Action Fairness Act of 2005 (CAFA) by...more
In what may become a more common trend in CAFA litigation based on the Supreme Court’s decision in Standard Fire Ins. Co. v. Knowles, ––– U.S. ––––, 133 S.Ct. 1345 (2013), the Seventh Circuit reversed the district court’s...more
The Ninth Circuit Court of Appeals held that neither a damages waiver nor the passage of more than 30 days after receipt of a complaint prevented an employer’s removal under CAFA. A putative class of California store...more
In the wake of the 2008 financial crisis, Congress passed significant financial system reform legislation, the Dodd-Frank Act, which created a new regulator of financial institutions, the Consumer Financial Protection Bureau...more
Recent decisions by the U.S. Supreme Court have improved the landscape for defendants seeking to fend off mass tort and consumer class actions. In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court tightened...more
The Supreme Court continued to focus on class action litigation during this term, handing down a number of significant rulings relating to jurisdiction, class certification, and arbitration of putative class claims. The many...more
Crow Doesn’t Taste Too Bad…. If You Season It Right.
AT&T Mobility appears determined to make it onto the Christmas card list of every employer in the United States....more
In Rodriguez v. AT&T Mobility Services LLC the Ninth Circuit cited recent United States Supreme Court precedent to make it more difficult for class action plaintiffs to pursue their claims in state court.
In a boon to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”), the Ninth Circuit has overturned a rule requiring defendants to show to a “legal certainty” that the...more
The Ninth Circuit Eases the way into Federal Court for Class Action Defendants -
On August 27, 2013, the Ninth Circuit lowered the burden of proof for class action defendants to remove their cases to federal court....more
In Rodriguez v. AT&T Mobility, LLC, the Ninth Circuit continues a string of recent decisions cracking down on district courts’ tendency to remand class actions on the purported basis that the defendant failed to meet the...more
In This Issue:
- Comcast Corp v. Behrand
- Take-Away from Comcast Corp v. Behrand
- Standard Fire Insurance Co. v. Knowles
- Take-Away from Standard Fire Insurance Co. v. Knowles Amgen Inc. v.
The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more
Of all the recent landscape-shifting opinions the Supreme Court has issued in the class-action arena, perhaps none appear as straightforward as Standard Fire Insurance Co. v. Knowles, 133 S.Ct. 1345 (2013)....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
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
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