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Class Members Class Action Arbitration

DLA Piper

Google Unable to Avoid Mass Opt-Out in Privacy Class Action

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Plaintiffs’ attorneys are continuing to aggressively pursue mass arbitrations in privacy litigation. The latest challenge came when Judge Beth Labson Freeman in the Northern District of California ruled last month that...more

Stikeman Elliott LLP

Class Actions in Ontario: 10 Highlights from 2024

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2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more

Kilpatrick

The Ninth Circuit chips away at arbitration through waiver, ruling that waiver does not require a “heavy” showing and that a...

Kilpatrick on

Takeaway: The Ninth Circuit ruled that a defendant can waive its right to compel absent class members to arbitrate by failing to assert that right early in class litigation—even if there is no arbitration agreement with the...more

Alston & Bird

Class Action & MDL Roundup – Summer 2020

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Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2020. In this edition, the Judicial Panel on Multidistrict Litigation (JPML) weighed in on several...more

Foley & Lardner LLP

Appeals Court Says No FLSA Notice for Employees Who Agree to Arbitrate

Foley & Lardner LLP on

On January 24, 2020, the U.S. Court of Appeals for the Seventh Circuit announced a new standard by which a district court should evaluate whether notice of an FLSA collective action should be sent to employees who may be...more

Carlton Fields

Second Circuit Finds Arbitrator Within Authority to Bind Absent Class Members to Arbitration

Carlton Fields on

In reversing a New York federal court, the Second Circuit found the arbitration was within the arbitrator’s authority in binding absent class members to class proceedings because, by signing the operative arbitration...more

Mintz - Arbitration, Mediation, ADR...

Attacking An Inexplicable Arbitration Award: “Manifest Disregard of the Law” Or Something Else?

What to do with an arbitration award that appears to be fatally internally inconsistent and provides no explanation or reconciliation of the inconsistency? For lack of something better to say, perhaps tee up the elusive...more

Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

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As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more

Carlton Fields

The Eleventh Circuit Found No Waiver Of Right To Compel Arbitration Against Unnamed Class Members

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In sum, the case involves five consolidated class actions brought in Florida federal court against banks by bank customers in 2008 and 2009 alleging that they were unlawfully charged overdraft fees....more

Balch & Bingham LLP

Eleventh Circuit: No Waiver of Arbitration Rights Despite Waiting for Class Certification

Balch & Bingham LLP on

In a win for defendants, the Eleventh Circuit recently held that a party does not waive its right to compel arbitration for the claims of unnamed class members even if it has waived that right as to the named class...more

Polsinelli

Waiver Redux: Appeals Court Confirms That Arbitration of Unnamed Class Member Claims Not Waived Following Certification Decision

Polsinelli on

The Eleventh Circuit Court of Appeals recently held that a litigant may enforce its contractual arbitration provision as to absent class members despite not obtaining a ruling on the issue at the outset of the case. The right...more

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