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Supreme Court of the United States › FRCP 23

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... more +
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 -
Carlton Fields

11th Circuit Stands Alone in Barring All Class Incentive Awards

Carlton Fields on

Nearly three years after its decision in Johnson v. NPAS Solutions LLC, the Eleventh Circuit Court of Appeals remains the only circuit in the nation to categorically bar class representatives from receiving incentive awards....more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Nelson Mullins Riley & Scarborough LLP on

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Bradley Arant Boult Cummings LLP

Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class...

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In a decision that narrows the path to class certification in federal court, the Fifth Circuit has held that a plaintiff must clear the Daubert hurdle when expert evidence is relevant to the decision of a federal court to...more

Proskauer - Minding Your Business

Do All Class Members Have Standing For Mere Statutory Violations? The Supreme Court Will Decide

Proskauer - Minding Your Business on

On March 30, the Supreme Court will hear arguments on whether a damages class action, is permitted by Article III of the Constitution or Rule 23 of the Federal Rules of Civil Procedure where the majority of the class has...more

Troutman Pepper

Supreme Court to Take a Stand on Standing, Granting Cert. of 9th Circuit’s Ramirez Decision

Troutman Pepper on

The Supreme Court granted cert in Ramirez v. TransUnion LLC to consider “whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury...more

Payne & Fears

Key California Employment Law Cases: July 2020

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Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

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Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Seyfarth Shaw LLP

Ohio Federal Court Rules That Varying “Interests” And “Feelings” Among Putative Class Members Prevents Class Certification

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although federal courts are certifying class actions at a record rate, a recent opinion by the U.S. District Court for the Southern District of Ohio demonstrates that the requirements of Rule 23 are not...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

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Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Seyfarth Shaw LLP

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

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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

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Spilman Thomas & Battle, PLLC on

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

King & Spalding

Supreme Court Punts (for Now) on Much-Awaited Class Action Questions in Frank v. Gaos, Remands for Standing

King & Spalding on

In Frank v. Gaos, the Supreme Court appeared poised to decide a divisive class action issue: whether settlement awards to third-party charities (known as cy pres awards) are valid. On March 20, however, an 8-1 majority...more

Dechert LLP

Standing Question Prevents Clarity from Justices on “Cy Pres” Class Action Settlements

Dechert LLP on

In Frank v. Gaos, plaintiff Paloma Goas brought a class action alleging that Google’s transmission of users’ search terms violated the Stored Communications Act, 18 U.S.C. § 2701, et seq. (“SCA”). The SCA creates a private...more

BakerHostetler

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

BakerHostetler on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: 2018-19 Supreme Court Update

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Much of the attention on the U.S. Supreme Court in the 2018-19 term has concerned its composition or its handling of cases involving some of the signature initiatives of President Donald Trump’s administration. Less noticed...more

Morgan Lewis

2018 Amendments to Rule 23: Five Things You Should Know

Morgan Lewis on

Amendments to Federal Rule of Civil Procedure 23 take effect December 1. Aimed at creating a more streamlined class action settlement process, the changes will affect federal class action litigation regarding means of notice,...more

Womble Bond Dickinson

Safe!: Putative TCPA Class Action Survives Defendant’s Attempt to Pick off the Named Class Member By Deposit

Womble Bond Dickinson on

Can a named class representative continue to represent a putative TCPA class action even after a Defendant pays the Plaintiff the highest amount he/she could possibly recover on their individual claim? That question was left...more

Patterson Belknap Webb & Tyler LLP

U.S. Supreme Court’s Decision in China Agritech May Limit The Availability of Class-Action Tolling For Litigants That File Suit...

Patterson Belknap Webb & Tyler LLP on

On June 11, 2018, the U.S. Supreme Court issued its opinion in China Agritech, Inc. v. Resh, 138 S. Ct. 1800 (2018). The China Agritech decision resolved a circuit split, finding that the statute of limitations for a...more

Alston & Bird

Class Action Roundup: Summer 2018

Alston & Bird on

Where the (Class) Action Is - Welcome to the latest edition of the Class Action Roundup, covering significant decisions and settlements from the second quarter of 2018. Arbitration was a hot topic this quarter with the...more

Bradley Arant Boult Cummings LLP

A Brief Look at Justice Kennedy’s Rule 23 Record

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While he often kept us guessing about how he might vote in politically significant cases, retiring Justice Anthony Kennedy was far more predictable on class action issues over the course of his 30-year tenure on the Supreme...more

Hinshaw & Culbertson LLP

American Pipe Clarified: Statute of Limitations for Class Actions not tolled by a Prior Motion for Class Certification

Hinshaw & Culbertson LLP on

In a unanimous decision, the United States Supreme Court held on June 11, 2018 that a pending motion for class certification does not toll the statute of limitations for the filing of a new class action lawsuit by a putative...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Amundsen Davis LLC

Good News For Defendants: Supreme Court Rejects Tolling For Class Actions

Amundsen Davis LLC on

On June 11, 2018, the Supreme Court issued its ruling in China Agritech, Inc. v. Resh, clarifying the scope of the tolling doctrine triggered by the filing of a class action. The doctrine, as established by earlier Court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - June 2018

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This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2018 and May 2018. ...more

Mayer Brown Free Writings + Perspectives

Pending Class Action Does Not Toll Statute of Limitations

Mayer Brown Free Writings + Perspectives on

The U.S. Supreme Court reached a decision in China Agritech, Inc. v. Resh holding that the equitable tolling rule does not apply to subsequently filed class action claims. ...more

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