It is basic, but critical, to persuade the court that the result you seek is the right result. The court has to feel good about ruling in favor of your client. As Judge Gurfein of the Second Circuit aptly stated, “It is still...more
The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more
10/30/2019
/ Amount in Controversy ,
Appeals ,
Attorney's Fees ,
CAFA ,
Class Action ,
Dart Cherokee Basin Operating Co. v. Owens ,
Employment Litigation ,
Federal Jurisdiction ,
Hospitality Industry ,
Marriott ,
Putative Class Actions ,
Remand ,
Removal ,
Rest and Meal Break ,
Sua Sponte ,
Unpaid Wages ,
Wage and Hour ,
Wage Statements
A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels.
In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more
9/24/2019
/ Appeals ,
Class Action ,
Class Certification ,
Commonality ,
Fee Disputes ,
Fees ,
Hidden Fees ,
Misleading Impressions ,
Predominance Requirement ,
Surcharges ,
Unfair or Deceptive Trade Practices
Yesterday, the Supreme Court extended its prior rulings looking skeptically at the idea of classwide arbitration, holding that even when an agreement is “ambiguous” about the availability of classwide arbitration, such...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
SCOTUS
Last month the Ninth Circuit affirmed a district court decision approving a class settlement regarding Volkwagen’s marketing of clean diesel vehicles that used so-called “defeat devices” to circumvent emissions tests. ...more
This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits.
An order granting class certification is not the end of the battle regarding...more