Searching Content indexed under Court Procedure by Archis Parasharami ordered by Published Date Descending.
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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
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
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
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
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
Washington State Appellate Court’s Ruling Appears To Contravene Federal Arbitration Law
The Supreme Court’s unanimous summary reversal in Nitro-Lift last week sends a strong message that state courts must adhere to the Federal Arbitration Act—a legal principle that is important to businesses seeking to enforce their contractual arbitration rights when plaintiffs file non-removable class actions in state court. Just as importantly, it confirms that the Court is more than prepared to step in when state courts defy its clearly controlling precedents.
United States
11 Dec 2012
California Court Of Appeal Rejects NLRB’s View That Federal Labor Law Prevents Use Of Class Waivers In Employment Arbitration Provisions
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.
United States
25 Jul 2012
Ninth Circuit Strikes Down Class Action Settlement For Improper Cy Pres Award And Excessive Attorneys’ Fees
Courts have been reviewing class action settlements with increasingly close scrutiny, especially when the settlement involves cy pres awards donated to charity. The U.S. Court of Appeals for the Ninth Circuit recently struck down such a settlement in Dennis v. Kellogg Co., holding that the proposed cy pres award failed to benefit class members and that the proposed attorneys’ fees for class counsel were excessive.
United States
20 Jul 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
Enforceability of Arbitration Agreement in Antitrust Context Sharply Divides Second Circuit
Last Term, the US Supreme Court held in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011),
United States
31 May 2012
Federal Appeals Court Refuses To Enforce Agreement To Arbitrate Antitrust Claim On An Individual Basis
On February 1, 2012, the U.S. Court of Appeals for the Second Circuit reaffirmed its earlier ruling refusing to enforce American Express’s arbitration provision on the ground that, in the court’s view, the plaintiffs had shown that it would be prohibitively expensive to arbitrate their antitrust tying claims on an individual basis.
United States
14 Feb 2012
Seventh Circuit Decertifies Class Seeking Injunctive Relief In Insurance Case
The Seventh Circuit Court of Appeals has reiterated that plaintiffs must satisfy a high burden in seeking to certify a class requesting injunctive relief under Federal Rule of Civil Procedure 23(b)(2).
United States
2 Mar 2011
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
District of Columbia High Court Restores Standing Requirements for Consumer Protection Lawsuits
In September 2009, a panel of the District of Columbia Court of Appeals held that plaintiffs could bring a claim under the DC Consumer Protection Procedures Act (CPPA) regardless of whether they meet traditional standing requirements (such as alleging that they had personally been injured)
United States
1 Feb 2011
Ninth Circuit Holds That Defendants May Satisfy Amount-In-Controversy Requirement of Class Action Fairness Act by Identifying the Total Amount of Customer Charges Potentially in Dispute
The US Court of Appeals for the Ninth Circuit recently held that a defendant may remove a class action to federal court under the Class Action Fairness Act (CAFA) if it can show that the putative class’s recovery potentially could exceed CAFA’s $5 million jurisdictional threshold.
United States
2 Dec 2010
US Court of Appeals for the Eleventh Circuit Abandons Prior Interpretation of Class Action Fairness Act That Would Have Deprived Federal Courts Of Jurisdiction Over Most Consumer Class Actions
In "Cappuccitti v. DirecTV, Inc." (decided in July 2010), a panel of the US Court of Appeals for the Eleventh Circuit held that the Class Action Fairness Act of 2005 (CAFA) does not provide jurisdiction over a class action unless the amount in controversy for one plaintiff’s (or class member’s) claim is at least $75,000.
United States
25 Oct 2010
US Supreme Court Justice Issues Stay in Case Involving Federal Due Process Constraints on State-Court Class Actions
Justice Scalia, acting in his capacity as Circuit Justice for the Fifth Circuit, recently issued a stay of a state-court judgment in a class action to allow the defendants to file a petition for certiorari.
United States
4 Oct 2010
Eighth Circuit Holds that Class Actions Under California Unfair Competition Law Must Meet Federal Standing Requirements for Absent Class Members
The US Court of Appeals for the Eighth Circuit has held that a federal court cannot certify a class action seeking monetary relief under California’s Unfair Competition Law (UCL) unless the class meets federal standing requirements.
United States
18 Aug 2010
Eleventh Circuit Decision Threatens To Eliminate Federal Jurisdiction Over Most Consumer And Employment Class Actions, Undermining The Goals Of The Class Action Fairness Act
The US Court of Appeals for the Eleventh Circuit has just issued a decision that, if it is allowed to stand, will preclude federal jurisdiction over virtually all class-action lawsuits filed in, or removed to, federal courts within that circuit.
United States
22 Jul 2010
Dukes v. Wal-Mart Stores: En Banc Ninth Circuit Drastically Lowers the Bar for Class Certification and Creates Circuit Court Splits in Approving Largest Class Action Ever Certified
The US Court of Appeals for the Ninth Circuit has issued a significant decision affirming the certification of the largest class action since the adoption of Federal Rule of Civil Procedure 23.
United States
7 May 2010
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