Eric Werlinger

Katten Muchin Rosenman LLP

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Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23

On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more

6/11/2025 / Article III , Class Action , Class Certification , Damages , Dissenting Opinions , Federal Rules of Civil Procedure , Judicial Authority , SCOTUS , Settlement , Standing

SCOTUS Considers Article III Questions with Significant Implications on Class Action Certification

The Supreme Court of the United States (SCOTUS) heard oral argument this week in Labcorp v. Davis (No. 24-304) to determine “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

5/1/2025 / Article III , Class Action , Class Certification , Damages , Federal Rules of Civil Procedure , Jurisdiction , Litigation Strategies , Oral Argument , SCOTUS , Standing

The Latest Attack on Consumer Arbitration Agreements

The war against arbitration agreements continues apace. The latest volley comes from the U.S. Court of Appeals for the Fourth Circuit, Johnson v. Continental Finance Company, LLC, No. 23-2047 (4th Cir. Mar. 11, 2025). In...more

3/18/2025 / Arbitration Agreements , Binding Arbitration , Class Action , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Protection Laws , Dispute Resolution , Federal Arbitration Act , Financial Institutions , Unenforceable Contract Terms

Challenges to Service Awards in Class-Action Settlements Gain Steam

Most class-action lawyers know about Johnson v. NPAS Solutions., LLC—an Eleventh Circuit panel decision that outlawed service awards to lead plaintiffs in class actions, which “compensate[] a class representative for his time...more

3/24/2023 / Class Action , Class Action Settlement , FRCP 23 , Settlement Agreements

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