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A Reminder That Rule 23 Requires Hearings on All Proposed Class Settlements, Even If There Are No Objectors

Certain class action settlements—like employment and consumer settlements—will very often draw objections from absent class members. But other types of settlements with more sophisticated absent class members—like antitrust...more

Third Circuit Clarifies Standards for Issue-Class Certification under FRCP 23(c)(4)

In a recent published decision, the United States Court of Appeals for the Third Circuit clarified the standards that district courts must apply when certifying discrete issues–rather than an entire action–for classwide...more

Supreme Court To Weigh Threshold for Article III ‘Injury’ in Class Claims for Statutory Damages

The U.S. Supreme Court will hear arguments on March 30, 2021, in a case that will help clarify when an intangible, nonmonetary injury is sufficiently “concrete and particularized” to give rise to Article III standing. The...more

Arbitration Where You’re Not Expecting It

In the decade since the Supreme Court decided AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011) and American Express Co. v. Italian Colors Restaurants, 570 U.S. 228, 233 (2013), arbitrability has become a threshold...more

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