News & Analysis as of September 19, 2024

Dukes v Wal-Mart

+ Follow

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on 1/17/2020

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

BakerHostetler on 3/19/2019

Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more

The Gorsuch Nomination: The Return of the Business Friendly Court?

Orrick, Herrington & Sutcliffe LLP on 2/6/2017

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on 1/19/2017

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

Carlton Fields on 4/26/2016

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”

Kelley Drye & Warren LLP on 4/6/2016

Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and found that...more

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

Kelley Drye & Warren LLP on 4/1/2016

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...more

How Justice Scalia's Death Could Have Profound Reverberations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/1/2016

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

Comcast and its Discontents

Pierce Atwood LLP on 10/29/2015

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

Plaintiffs Fold on Their Full Tilt Poker Actions Following Court’s Rejection of Class Certification and Proposed Settlement

BakerHostetler on 8/31/2015

The plaintiffs in three actions against entities and individuals involved in the Full Tilt Poker Internet gambling operation dismissed their claims without prejudice in the U.S. District Court for the Southern District of New...more

The End of “Average Joe,” Class Plaintiff? The Supreme Court Will Review the Use of Composites in Class Actions

Proskauer Rose LLP on 6/27/2015

You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more

Supreme Court to Consider “Trial by Formula” and Standing of Non-Injured Class Members in Tyson Foods

Carlton Fields on 6/15/2015

The Supreme Court recently granted Tyson Foods’ petition for certiorari which presents to the Court two important class action issues: (1) Whether differences among individual class members may be ignored and a class...more

Supreme Court Takes Aim at FLSA Class, Collective Actions

Franczek P.C. on 6/15/2015

Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more

7th Circuit Vacates Decision Declining To Certify Consumer Class Against Roofing Shingle Manufacturer Based On Incorrect Reading...

Carlton Fields on 7/16/2014

The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the...more

California Supreme Court Stabilizes the Law in California Misclassification Class Action Cases

Littler on 6/3/2014

In a long-awaited decision, the California Supreme Court in Duran v. U.S. Bank National Association, S200923 (May 29, 2014), clarified California's standard for certifying class actions in employee misclassification cases. In...more

Securities Class Actions Receive Increased Scrutiny: District Court Applies “Stringent Standards” Of Dukes And Comcast To Deny...

Carlton Fields on 4/9/2014

The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and...more

U.S. Supreme Court Will Not Address Certification Issues Raised by Whirlpool & Related Washing Machine Class Actions

Moore & Van Allen PLLC on 3/6/2014

On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by...more

No Supreme Court Review of Moldy Washer Cases

BakerHostetler on 2/25/2014

Yesterday, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly...more

"Mass Tort and Consumer Class Action Outlook: A Mixed Landscape for Defendants in 2014"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/31/2014

Recent decisions by the U.S. Supreme Court have improved the landscape for defendants seeking to fend off mass tort and consumer class actions. In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court tightened...more

BakerHostetler 2013 Year-End Review of Class Actions (and what to expect in 2014)

BakerHostetler on 1/23/2014

I. Introduction - Library shelves will someday swell with history books about the U.S. Supreme Court under the leadership of Chief Justice John Roberts. No doubt sensational cases about corporate speech, national...more

Moldy Washing Machines at the Supreme Court: A Platform for Further Development of Rule 23?

BakerHostetler on 1/22/2014

Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more

Cullen v. State Farm - The Ohio Supreme Court Returns to Rule 23 Issues

BakerHostetler on 11/20/2013

On November 5, 2013, the Supreme Court of Ohio adopted the class certification principles announced in the U.S. Supreme Court's decisions in Wal-Mart Stores, Inc. v. Dukes and Comcast v. Behrend. In Cullen v. State Farm...more

BakerHostetler Wins A Second Major Victory In The Ohio Supreme Court For Class Action Defendants

BakerHostetler on 11/18/2013

On November 5, 2013, BakerHostetler's class action litigation team secured a major victory for Ohio class action defendants when the Supreme Court of Ohio adopted the class certification principles announced in the United...more

A Look at Class Certification through the Lens of In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation:...

Moore & Van Allen PLLC on 9/27/2013

Several opinions issued by the U.S. Supreme Court during the past few years have made it more difficult for plaintiffs to obtain class certification. Despite the hurdles erected by the Supreme Court’s recent opinion in...more

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

Proskauer - California Employment Law on 4/10/2013

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....more

41 Results

View per page

Page: of 2

Supreme Court of the United States › Comcast v. Behrend › Dukes v Wal-Mart

"My best business intelligence, in one easy email…"