On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more
2/20/2025
/ Appellate Courts ,
Article III ,
Certiorari ,
Class Action ,
Class Certification ,
Constitutional Challenges ,
Damages ,
Federal Rules of Civil Procedure ,
Jurisdiction ,
Litigation Strategies ,
SCOTUS ,
Standing ,
Unruh Civil Rights Act
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez, 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in...more
When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the...more
6/1/2021
/ Arbitration ,
Class Action ,
Co-payments ,
Equitable Estoppel ,
Estoppel ,
Fair Labor Standards Act (FLSA) ,
Fraud ,
Insurance Industry ,
Labor Code ,
Motion to Compel ,
Negligent Misrepresentation ,
Prescription Drugs ,
Reimbursements ,
Rite Aid ,
Staffing Agencies ,
Unfair Competition Law (UCL) ,
Wage and Hour
Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment...more
4/9/2021
/ Appellate Courts ,
Class Action ,
Class Certification ,
Client Representation ,
Corporate Counsel ,
Decertification ,
Failure to Investigate ,
Fair Labor Standards Act (FLSA) ,
Intervening Acts ,
Sua Sponte ,
Wage and Hour
Last week’s Supreme Court decision in American Express Co. v. Italian Colors Restaurant builds on a recent line of pro-arbitration rulings – including Stolt-Nielsen, S.A. v. Animal Feeds Int’l Corp. and AT&T Mobility LLC v....more