Searching Content indexed under Litigation, Mediation & Arbitration by Donald Falk ordered by Published Date Descending.
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Ninth Circuit Rejects Nationwide Class Settlement
Another Ninth Circuit panel has roiled the class certification waters, this time rejecting a class action settlement because the district court did not conduct a meaningful analysis of predominance.
United States
9 Feb 2018
California Supreme Court Holds That Federal Organic Food Labeling Regime Does Not Preempt Claims of "Intentional" Mislabeling
What's the difference between claiming that a food product is improperly certified as organic and claiming that the producer was properly certified but the product isn't really organic?
United States
11 Dec 2015
Man Bites Dog: California Supreme Court unanimously rejects unconscionability challenge to consumer arbitration provision
The California Supreme Court has a reputation for hostility to arbitration, especially in the consumers and employment context.
United States
20 Aug 2015
US Supreme Court Hands Lenders A Victory On Underwater Mortgages
The US Supreme Court has unanimously held that a debtor cannot void a wholly underwater second mortgage in Chapter 7 bankruptcy proceedings.
United States
17 Jun 2015
Ninth Circuit Holds That State AGs And Prosecutors Can’t Seek Restitution On Behalf Of A Class That Already Settled Its Private Claims, But Can Seek Injunctive Relief And Penalties
A decade ago, California's unfair competition law (UCL) and its closely related false advertising law (FAL) were the ideal plaintiff's tools.
United States
25 Nov 2014
Yes, you really did settle all your claims when you said you did: Ninth Circuit dismisses appeal of class certification denial by plaintiff who accepted Rule 68 offer
A plaintiff hopes to represent a class to pursue two sets of wage-and-hour claims but runs into headwinds in the district court.
United States
18 Nov 2014
Despite Wal-Mart Stores V. Dukes, Ninth Circuit Approves Statistical Sampling To Prove That An "Unofficial" Common Policy Exists
There seem to be two prevailing conceptions of class actions. In one view, a class action is a way of determining many similar claims at once.
United States
16 Sep 2014
Fourth Circuit Puts Teeth Into Ascertainability, Commonality, And Predominance Requirements For Class Certification
Can a court certify a class of persons with allegedly similar injuries by pigeonholing the question of class membership as a question of damages to be determined later?
United States
15 Sep 2014
California Court Says No Need To Resolve Disputes Over Substantive Law In Evaluating Whether Class Can Be Certified
Suppose that you’re a trial court considering a motion for class certification. And suppose that the parties present you with two competing statutory interpretations.
United States
19 Jun 2014
California Supreme Court Rejects Exceptionally Poor Sampling Method, But Leaves Open Many Questions About Sampling And Class Certification
In Duran v. U.S. Bank N.A. (pdf), the California Supreme Court recently addressed an important question in the context of state-court class actions ..
United States
9 Jun 2014
Another California Court Does Backflips to Thwart Arbitration and Elevate The Class-Action Device
The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals.
United States
16 Apr 2014
First Amendment Case Cites Mayer Brown White Paper 12 Times
A recent development illustrates again the significant impact that Mayer Brown’s thought leadership has on critical legal issues.
United States
11 Apr 2014
Supreme Court To Decide Whether All Evidence Supporting Removal Under The Class Action Fairness Act Must Be Submitted With The Notice Of Removal
To remove a civil action from state court to federal court, the defendant must "file ... a notice of removal ... containing a short and plain statement of the grounds for removal." 28 U.S.C. § 1446(a).
United States
8 Apr 2014
Hall Street Runs Both Ways: Parties Can Neither Waive Nor Expand Judicial Review of Arbitration Awards, Says Ninth Circuit
Back in 2008, the Supreme Court held in Hall Street Associates, L.L.C. v. Mattel, L.L.C. that parties to an arbitration agreement subject to the Federal Arbitration Act (FAA) cannot agree to empower a federal court with more searching judicial review than section 10 of that Act specifies.
United States
23 Dec 2013
Third Circuit Rejects South Carolinan’s Effort To Bring Nationwide False Advertising Class Under New Jersey Law
The Ninth Circuit’s decision last year in Mazza v. American Honda Motor Co. [666 F.3d 581] (a case I argued) made it more difficult to sustain a nationwide class action under California consumer protection laws.
United States
25 May 2013
New Jersey Federal Court OKs Nationwide Class Under NJ Consumer Law
A New Jersey district judge has certified a nationwide class to pursue claims under the New Jersey Consumer Fraud Act.
United States
31 Dec 2012
California Appellate Court Issues Major Decision On Enforceability Of Arbitration Agreements In Employment Context
Since Concepcion was decided, plaintiffs' lawyers have tried to distinguish it or limit its scope in a variety of ways.
United States
7 Jun 2012
California Employers "Provide" Meal Periods by Making Them Available but Need Not Ensure that Employees Take Them
On April 12, 2012, the California Supreme Court issued its long-awaited decision on the scope of an employer’s obligation under California law to "provide" employees with meal and rest periods.
United States
23 Apr 2012
Ninth Circuit Decertifies Nationwide Class in Honda Braking System Suit
On January 12, 2012, the United States Court of Appeals for the Ninth Circuit decertified a nationwide class in Mazza v. American Honda Motor Co., No. 09-55376, --- F.3d ---, 2012 WL 89176. Although the only named plaintiffs came from Florida and Maryland, they filed suit in California seeking to represent all persons nationwide who had purchased or leased new or used certain model-year Acura RL vehicles equipped with a Collision Mitigation Braking System (CMBS).
United States
23 Jan 2012
California Supreme Court Holds That Diminished Subjective Value Satisfies Proposition 64 Standing Limitations For Unfair Competition and False Advertising Actions
The California Supreme Court has held that consumers who allege that their subjective motivation for purchasing a product or service was affected by a deceptive label or advertising — whether or not the alleged misrepresentation affected the market value of the product — have standing to sue under California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. Code § 17200 et seq., and the closely related False Advertising Law (FAL), id. § 17500 et seq.
United States
3 Feb 2011
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