Searching Content indexed under Class Actions by Andrew Tauber ordered by Published Date Descending.
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Supreme Court Docket Report - August 31, 2012
A threshold question in many class actions filed in state court is whether the defendant may remove the action to federal court under the Class Action Fairness Act of 2005 ("CAFA").
United States
3 Sep 2012
Supreme Court Docket Report - June 26, 2012
Yesterday the Supreme Court granted certiorari in nine cases of interest to the business community:
United States
27 Jun 2012
Supreme Court Docket Report - June 11, 2012
To obtain class certification in an action alleging a misrepresentation in violation of Section 10(b) of the Securities and Exchange Act.
United States
13 Jun 2012
Supreme Court Decision Alert – June 20, 2011
In Wal-Mart Stores, Inc v. Dukes, No. 10-277, the Supreme Court today reversed the class certification of a sprawling Title VII lawsuit against Wal-Mart Stores, Inc.
United States
29 Jun 2011
Supreme Court Decision Alert - June 16, 2011
The federal Anti-Injunction Act generally bars federal courts from enjoining proceedings in state court. 28 U.S.C. § 2283. One exception to that prohibition, commonly known as the "relitigation exception," permits a federal court to enjoin state court litigation "to protect or effectuate [the federal court’s] judgments."
United States
20 Jun 2011
Supreme Court Docket Report - December 7, 2010
To be certified, a class must meet all the requirements of Federal Rule of Civil Procedure 23(a)—numerosity, commonality, typicality, and adequacy—and at least one of the three requirements set forth in Rule 23(b).
United States
9 Dec 2010
Supreme Court Docket Report - September 28, 2010
A defendant can be sued in a particular state only if the defendant is subject to personal jurisdiction in that state.
United States
29 Sep 2010
Supreme Court Docket Report - May 24, 2010
Today, the Supreme Court granted certiorari in "AT&T Mobility LLC v. Concepcion", No. 09-893, to decide whether the Federal Arbitration Act (FAA) preempts states from conditioning the enforcement of an arbitration agreement on the availability of class-wide procedures, when those procedures are not necessary to ensure that the parties to the agreement are able to vindicate their claims fairly and effectively.
United States
27 May 2010
Supreme Court Decision Alert - March 31, 2010
Under the well-known rule of "Erie Railroad Co. v. Tompkins", 304 U.S. 64 (1938), federal courts exercising diversity jurisdiction apply state substantive law and federal procedural law.
United States
2 Apr 2010
US Supreme Court Releases Opinion in "Reed Elsevier, Inc. v. Muchnick"
On March 2, 2010, the Supreme Court held that the provision of the Copyright Act which requires authors to register their works before suing for copyright infringement, 17 U.S.C. § 411(a), is not a limitation on the federal courts’ subject-matter jurisdiction, but instead merely a "claim-processing rule" setting forth what a copyright holder must do before he or she may file a claim in court.
United States
12 Mar 2010
Supreme Court Decision Alert - February 23, 2010
The Supreme Court held today that a corporation’s "principal place of business," for purposes of determining diversity jurisdiction under 28 U.S.C. § 1332(c)(1), "refers to the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities," which will "typically be found at a corporation’s headquarters."
United States
1 Mar 2010
US Third Circuit Holds State-Law Deceptive Labeling Claims Not Preempted by Federal Law
A recent decision by the United States Court of Appeals for the Third Circuit suggests that manufacturers operating in heavily regulated industries may encounter difficulty when arguing that federal regulatory action impliedly preempts state-law claims.
United States
21 Aug 2009
Supreme Court Docket Report - June 15, 2009
The Supreme Court today granted certiorari in" Stolt-Nielsen S.A. v. Animalfeeds International Corp.", No. 08-1198, to decide whether the Federal Arbitration Act (FAA) authorizes the use of class arbitration proceedings when the parties’ arbitration agreement does not expressly permit class arbitration.
United States
19 Jun 2009
Supreme Court Docket Report - May 4, 2009 - October Term
Under the well-known rule of Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts exercising diversity jurisdiction apply state substantive law and federal procedural law. As the Supreme Court has noted in subsequent cases, distinguishing between substance and procedure can be challenging.
United States
6 May 2009
Supreme Court Docket Report - Decision Alert - March 9, 2008
Section 4 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, authorizes a district court to rule on a petition to compel arbitration if, “save for [the arbitration] agreement” at issue, the court would have jurisdiction of “a suit arising out of the controversy between the parties.”
United States
12 Mar 2009
Supreme Court Docket Report - March 2, 2009
A provision of the Copyright Act, 17 U.S.C. § 411(a), states that “no action for infringement of the copyright in any United States work shall be instituted until * * * registration of the copyright claim has been made in accordance with this title.”
United States
6 Mar 2009
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