Search
Searching Content indexed under Litigation, Mediation & Arbitration by Archis Parasharami ordered by Published Date Descending.
Links to Result pages
 
1 2 3 4 5 6 7 8  
>>Next
 
Title
Country
Organisation
Author
Date
1
What Must Plaintiffs Show To Establish Specific Personal Jurisdiction Over Corporations In Class Actions?
The Supreme Court has resolved many important questions about personal jurisdiction
United States
29 May 2019
2
Supreme Court Hears Oral Argument In Case Involving Removal Of Counterclaim Class Actions
Class action defendants usually prefer to have their cases heard in federal court, where the protections of Federal Rule of Civil Procedure 23 apply and where courts and juries are less likely
United States
22 Jan 2019
3
First Circuit Reverses Class Certification Where Individualized Inquiries Would Be Required To Identify And Exclude Uninjured Class Members
Plaintiffs frequently seek to certify class actions where the proposed classes contain a significant number of uninjured persons.
United States
30 Oct 2018
4
Supreme Court Will Review Whether Rule 23(f) Deadline To Appeal From Class Certification Orders Is Subject To Equitable Exceptions
Over the past few years, the Supreme Court has heard several cases involving class action procedure, including China Agritech, Inc. v. Resh; CalPERS v. ANZ Securities, Inc.; and Microsoft Corp. v. Baker.
United States
27 Jun 2018
5
Supreme Court Holds In China Agritech That American Pipe's Equitable Tolling Rule Does Not Extend To Successive Class Actions
Today the Supreme Court held in China Agritech, Inc. v. Resh (pdf) that the filing of a putative class action does not delay the time for others to file their own successive class action lawsuits.
United States
12 Jun 2018
6
Supreme Court Hears Oral Arguments Over Whether Successive Class Actions Can Be Filed After The Expiration Of The Statute Of Limitations
This morning I attended the oral argument in China Agritech, Inc. v. Resh. The case arises against the backdrop of the long-standing rule declared in American Pipe and Construction Co. v. Utah (1974) ...
United States
27 Mar 2018
7
DC Circuit Issues Long-Awaited TCPA Decision And Invalidates FCC's 2015 Autodialer And Reassigned-Number Rules
Last Friday, a panel of the D.C. Circuit issued its decision in ACA International v. FCC (pdf). The decision, which arrived nearly 17 months after the oral argument, struck down key elements of the FCC's...
United States
19 Mar 2018
8
Congress Votes To Invalidate CFPB's Anti-Arbitration Rule
The anti-arbitration rule issued by the Consumer Financial Protection Bureau in July is now just one short step away from elimination.
United States
25 Oct 2017
9
Making Sense Of The Cascade Of Appellate Decisions On Ascertainability
The Second Circuit's decision in In re Petrobras Securities might seem on the surface to have cut back on the ascertainability doctrine, but what the opinion took away with one hand it gave with the other.
United States
26 Sep 2017
10
Eighth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Permits Class Arbitration
In a unanimous opinion, the US Court of Appeals for the Eighth Circuit joined the majority of appellate courts (including the Third, Fourth, and Sixth Circuits) in holding that the question of whether an arbitration agreement authorizes class arbitration is for a court, not an arbitrator, to decide, ..
United States
2 Aug 2017
11
Solicitor General Weighs In Against NLRB's Anti-Arbitration Rule
As many of our readers know, the Supreme Court will hear arguments next term in a trio of cases examining whether class waivers in employment arbitration agreements are enforceable under...
United States
23 Jun 2017
12
Supreme Court's Decision In Bristol-Myers Squibb v. Superior Court Rejects Expansive View Of Specific Jurisdiction
We've previously blogged about Bristol-Myers Squibb v. Superior Court ("BMS"), in which the Supreme Court granted certiorari to review a decision of the California Supreme Court that adopted an unusual ...
United States
23 Jun 2017
13
Supreme Court Rejects End Runs Around Rule 23(F) By Use Of "Voluntary Dismissal" Tactic
Today's decision by the Supreme Court in Microsoft Corp. v. Baker puts an end to a tactic used by plaintiffs in the Ninth Circuit to manufacture an immediate appeal of an order denying class certification.
United States
13 Jun 2017
14
Two Recent Appellate Decisions Illustrate Divergent Approaches To Spokeo
Hundreds of lower courts have interpreted and applied the Supreme Court's decision in Spokeo, Inc. v. Robins over the past ten months.
United States
28 Mar 2017
15
Supreme Court Hears Arguments In Microsoft v. Baker To Address When A Named Plaintiff Can Appeal The Denial Of Class Certification
Earlier today, the Supreme Court heard oral argument (pdf) in Microsoft Corp. v. Baker, a case that raises complicated questions about federal appellate jurisdiction and Article III standing...
United States
22 Mar 2017
16
Ninth Circuit Questions Validity Under California Law Of Contract Terms Enclosed With Products
A panel of the US Court of Appeals for the Ninth Circuit has held that, under California law, the inclusion of an arbitration provision in the warranty brochure enclosed with a product does not create a binding arbitration agreement between the purchaser and the manufacturer when the existence of contract terms is not adequately disclosed to the purchaser.
United States
30 Jan 2017
17
Supreme Court Will Review Two Important Cases Regarding Scope Of Personal Jurisdiction
Applying this limitation, the U.S. Supreme Court has recognized two kinds of personal jurisdiction: general and specific.
United States
27 Jan 2017
18
Supreme Court Will Review NLRB's Anti-Arbitration D.R. Horton Rule
Until recently, the D.R. Horton rule had been rejected by every appellate court to consider it—the Second Circuit, Fifth Circuit, and Eighth Circuit as well as the California and Nevada Supreme Courts.
United States
19 Jan 2017
19
Ninth Circuit Rejects Meaningful Ascertainability Requirement For Class Certification, Cementing Deep Circuit Split
Can you have a class action if class members can't reliably be found? That question is at the heart of the debate over ascertainability.
United States
10 Jan 2017
20
The CFPB's Proposed Anti-Arbitration Rule
The rule just proposed by the Consumer Financial Protection Bureau to regulate arbitration agreements is not a surprise: the Bureau has said for months that it was developing such a rule.
United States
16 May 2016
Links to Result pages
 
1 2 3 4 5 6 7 8  
>>Next