News & Analysis as of September 19, 2024

Class Certification

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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 -

2021 Securities Litigation Year in Review

Jones Day on 2/24/2022

During 2021, securities case filings fell for the second consecutive year and, for the first time since 2016, fewer than 300 federal securities class actions were filed. Despite the ongoing pandemic, the number of announced...more

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on 9/23/2021

Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

Key SCOTUS Decisions in Tech – First Half 2017

Fenwick & West LLP on 8/10/2017

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

Supreme Court Confirms Plaintiffs Cannot Manufacture Appellate Jurisdiction Over Class Certification Denials

King & Spalding on 6/16/2017

On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture...more

Plaintiffs’ Voluntary Dismissal Does Not Transform Denial of Class Certification into an Appealable Final Judgment

Eversheds Sutherland (US) LLP on 6/16/2017

The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more

Microsoft V. Baker: Supreme Court Prohibits Plaintiffs From Manufacturing Appellate Jurisdiction Over Class-Certification Denial...

Locke Lord LLP on 6/13/2017

In Microsoft Corp. v. Baker, 2017 WL 2507341, the U.S. Supreme Court unanimously held that federal circuit courts lack jurisdiction over appeals from class-certification denials (or any other interlocutory decision) taken...more

Coming Up This Term from SCOTUS

Benesch on 10/21/2016

One class action-related case, so far: Microsoft v. Baker, case no. 15-457, on certiorari from the Ninth Circuit. The issue: “Whether a federal court of appeals has jurisdiction under both Article III and 28 U.S.C. § 1291...more

Class Dismissed . . . But not Quite: Supreme Court to Review Appealability of Class Certification Denials When Plaintiffs...

Morrison & Foerster LLP - Class Dismissed on 5/27/2016

Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court will consider in...more

The Class Action Chronicle - Spring 2016

Skadden, Arps, Slate, Meagher & Flom LLP on 4/28/2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

ANDA Update - October 2015

McDermott Will & Emery on 10/30/2015

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

The Class Actions Global Guide, US

Latham & Watkins LLP on 10/7/2015

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - In the US, a class action is a form of...more

First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme...

Carlton Fields on 9/11/2015

The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more

The Class Action Chronicle - Summer 2015

Skadden, Arps, Slate, Meagher & Flom LLP on 6/17/2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Appellate Practice Roundup - February 2015

Manatt, Phelps & Phillips, LLP on 2/25/2015

Over the past few months, a number of important appellate procedure opinions have issued in federal and California appellate courts regarding posttrial motions, appealability, and appellate jurisdiction under various...more

Recent Supreme Court Rulings on Class Actions

King & Spalding on 10/4/2013

The Supreme Court continued to focus on class action litigation during this term, handing down a number of significant rulings relating to jurisdiction, class certification, and arbitration of putative class claims. The many...more

The CAFA Year In (Appellate) Review: A Look Back At The Class Action Fairness Act In The Circuit Courts Of Appeals In 2012-2013

Carlton Fields on 7/1/2013

On January 1, 2012, we published “The CAFA Year in (Appellate) Review: A Look Back at the Class Action Fairness Act in the Circuit Courts of Appeals in 2011.”...more

Product Liability Update - April 2013

Foley Hoag LLP on 4/23/2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000

Cozen O'Connor on 4/11/2013

In Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act (CAFA) by “stipulating” he will not seek damages in excess of...more

Class Action Plaintiffs Can't Avoid Federal Court By Stipulating To Damage Limits

Polsinelli on 4/4/2013

A unanimous Supreme Court has made clear that the Class Action Fairness Act (CAFA) cannot be undermined by a plaintiff's attempt to seek damages of less than the jurisdictional amount. The Court resolved a Circuit split and...more

High Court Agrees Class Rep’s Stipulation Doesn’t Bar Federal Jurisdiction

Pillsbury Winthrop Shaw Pittman LLP on 4/1/2013

The U.S. Supreme Court, in Standard Fire Insurance Co. v. Knowles, resolved the debate between the plaintiffs’ bar and defense bar regarding whether a class representative’s stipulation that damages would not exceed $5...more

Supreme Court Eliminates Jurisdictional Escape Hatch To The Class Action Fairness Act

Orrick - Employment Law and Litigation on 3/27/2013

The U.S. Supreme Court’s decision in Standard Fire Insurance Co. v. Knowles confirms that a plaintiff cannot avoid federal jurisdiction under the Class Action Fairness Act (“CAFA”) by stipulating that the class will seek less...more

Supreme Court Holds Named Plaintiff Cannot Bind Class To Amount In Controversy Below CAFA Threshold To Avoid Federal Court...

Carlton Fields on 3/19/2013

The Supreme Court issued the second decision this term that will impact class action law. The issue in Standard Fire Ins. Co. v. Knowles, No. 11-1450 (March 19, 2013) concerned the common practice of a plaintiff who files a...more

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Supreme Court of the United States › Jurisdiction › Class Certification

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