Robert Sparkes, III on Corporate Counsel

Something is Buzzing in the 9th Circuit: How Canned Tuna, Bumble Bees, and Uninjured Class Members Combine for an Important Class...

Over the past several years, the U.S. Court of Appeals for the 9th Circuit appeared poised to sanction a generous approach to certifying proposed classes under Rule 23 of the Federal Rules of Civil Procedure. Recently,...more

4/12/2021 / Class Certification , Class Members , Corporate Counsel , Uninjured Class Members

A Chilly Reception at the 11th Circuit: The Court Narrows the Scope of the Ascertainability Requirement for Class Certification

INTRODUCTION - What do you get when you cross allegedly defective refrigerators, a dangerous chemical agent, and a hotly contested topic in class action practice? The answer is: a precedential opinion from the U.S. Court of...more

2/10/2021 / Administrative Feasibility , Ascertainable Class , Class Certification , Corporate Counsel , Dispute Resolution

Untangling the Webb of Arbitrability: The Fourth Circuit Holds That Courts Determine the Availability of Class-Wide Arbitration

Is the availability of class-wide arbitration a “gateway” question for courts, or are arbitrators charged with such a decision once a matter is compelled to them? In Dell Webb Communities, Inc. v. Carlson, the Fourth Circuit...more

4/20/2016 / Arbitration , Arbitration Agreements , Class Action , Corporate Counsel , Federal Arbitration Act , SCOTUS

“Who Decides” Whether Class Arbitration Is Available?: The Third Circuit Provides New Guidance in Chesapeake Appalachia, LLC v....

The U.S. Court of Appeals for the Third Circuit (the “Court”) has spoken again on the issue of “who decides” whether parties must arbitrate a dispute on a classwide basis. In 2014, the Court ruled that “unless the parties...more

2/9/2016 / Arbitration , Class Action , Corporate Counsel , Gas Royalties , Oil & Gas

Grasping for a Hold on “Ascertainability”: The Implicit Requirement for Class Certification and its Evolving Application

The concept of “ascertainability” serves as an important arrow in the quiver of a defendant seeking to prevent certification of a putative class action in federal court. Recently, the issue of what a plaintiff must...more

8/27/2015 / Appeals , Ascertainable Class , Bayer , Class Action , Class Certification , Corporate Counsel , Forum Shopping , FRCP 23(b)(3) , Putative Class Actions , Young Lawyers

Winding the Removal Clock: The Second Circuit Clarifies The Deadline for Removal Under the Class Action Fairness Act

When faced with a state court lawsuit, a critical consideration for any defendant is the forum in which to litigate – whether to remain in state court or, if possible, remove the case to federal court. In the case of a...more

6/4/2014 / CAFA , Class Action , Corporate Counsel , Deadlines , Putative Class Actions , Removal

Beyond Credit Reporting: The Extension of Potential Class Action Liability to Employers under the Fair Credit Reporting Act

Do not be fooled by its title: the Fair Credit Reporting Act (“FCRA”) reaches far beyond the realm of credit reporting and governs a broad spectrum of industries. Indeed, the provisions of FCRA apply to any business entity...more

4/4/2014 / Class Action , Corporate Counsel , Credit Reports , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Trucking Industry

Robert Sparkes, III

K&L Gates LLP

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