Searching Content indexed under Court Procedure by Kevin Ranlett ordered by Published Date Descending.
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Northern District Of California Adopts Guidance For Class Action Settlements
On November 1, 2018, the U.S. District Court for the Northern District of California published updated procedural guidance for class action settlements (the "Guidance").
United States
8 Jan 2019
December 2018 Amendments To Rule 23 Are Now In Effect
On December 1, 2018, the amendments to the Federal Rule of Civil Procedure 23 took effect.
United States
21 Dec 2018
Supreme Court Docket Report - November 17, 2014
Section 506 of the Bankruptcy Code addresses the extent to which a creditor’s claim based on a lien on the debtor’s property is secured.
United States
18 Nov 2014
Supreme Court Holds That Securities Fraud Plaintiffs Need Not Show Materiality At Class Certification
Today, in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, the Supreme Court held that proof of materiality is not a prerequisite for class certification in a securities fraud class action under Section 10(b), even though materiality is a predicate of the fraud-on-the-market presumption of reliance.
United States
5 Mar 2013
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
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
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
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
Seventh Circuit Sides with Eleventh Circuit, Rules that Federal Jurisdiction Under the Class Action Fairness Act Is Not Dependent on Class Certification
In "Cunningham Charter Corp. v. Learjet, Inc.", __ F. 3d __, 2010 WL 199627 (7th Cir. Jan. 22, 2010), the Seventh Circuit has ruled that federal jurisdiction under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. § 1332(d)(5), does not depend on whether the class is certified.
United States
17 Feb 2010
Imposing The Costs of Class Notice On A Defendant Without Consideration Of The Merits May Violate Due Process, Say Three US Supreme Court Justices
In “DTD Enterprises Inc. v. Wells”, No. 08-1407, the US Supreme Court recently declined to review a New Jersey trial court’s order that, without considering the merits of the underlying claims, directed a class-action defendant to pay the entire cost of notice to a class simply because the defendant could afford to pay while the plaintiff could not.
United States
29 Oct 2009
Second Circuit Decision on Jurisdiction Under Class Action Fairness Act Could Have Dire Consequences
County of Nassau v., the U.S. Court of Appeals for the Second Circuit recently refused to consider the merits of an appeal from an order dismissing a class-action complaint after deciding sua sponte that there was a question about whether federal subject-matter jurisdiction existed.
United States
29 Sep 2009
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