Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more
8/17/2022
/ Article III ,
Attorney's Fees ,
CAFA ,
Class Action ,
Federal Rules of Civil Procedure ,
GoDaddy.com ,
Rejection of Settlement Offers ,
SCOTUS ,
Settlement ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
Last week, the Eleventh Circuit declined, 7–4, to reconsider en banc a divided panel’s September 2020 decision barring incentive awards to class representatives for their work in class actions. As such, the Eleventh Circuit...more
While the United States Supreme Court has made clear that class action waivers in arbitration clauses can be enforced, plaintiffs’ counsel continue to find creative ways to challenge these types of arbitration agreements....more
From the class action defense perspective, companies and counsel alike are almost always looking for an angle to move a state-filed putative class action to the more rigorous environment of the federal courts. Congress...more
6/11/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more
9/12/2017
/ Appeals ,
Arbitration Agreements ,
Browsewrap Agreement ,
Class Action ,
Clickwrap Agreements ,
Mandatory Arbitration Clauses ,
Mobile Apps ,
Remand ,
Reversal ,
Terms and Conditions ,
Uber ,
Waivers ,
Websites