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Searching Content indexed under Class Actions by Archis Parasharami ordered by Published Date Descending.
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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
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
9
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
10
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
11
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
12
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
13
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
14
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
15
Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration
A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit has held that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to decide.
United States
5 Apr 2016
16
Class And Collective Actions—Standard For Certification
Under Federal Rule of Civil Procedure 23(b)(3), a court may certify a suit for damages as a class action when "there are questions of law or fact common to the class" that "predominate...
United States
1 Apr 2016
17
Supreme Court Holds That An Unaccepted Offer Of Judgment Doesn't Moot A Class Action
The district court denied this motion, but later granted summary judgment for Campbell-Ewald on the ground that Campbell-Ewald, as a naval contractor, enjoyed sovereign immunity. Gomez appealed, and the Ninth Circuit held that both Gomez's claim and the putative class claims remained live. The court of appeals also vacated the district court's sovereign immunity ruling.
United States
21 Jan 2016
18
Supreme Court Hears Argument in Tyson Foods v. Bouaphakeo—and a Blockbuster Class Certification Ruling Seems Less Likely
The Supreme Court on Tuesday heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, a case that has been closely watched for its potential to narrow the circumstances in which a class action may be certified under Federal Rule of Civil Procedure 23 and a collective action for unpaid wages
United States
12 Nov 2015
19
Can an Offer of Judgment to the Named Plaintiff Moot a Class Action? Supreme Court Hears Arguments in Campbell-Ewald Co. v. Gomez
Can a named plaintiff press ahead with a class action if he or she "won't take 'yes' for an answer"?
United States
16 Oct 2015
20
US Court of Appeals for the Third Circuit Upholds FTC's Authority to Regulate Cybersecurity in FTC v. Wyndham Worldwide Corp.
On August 24, 2015, the US Court of Appeals for the Third Circuit released its opinion in the closely watched case of Federal Trade Commission v. Wyndham Worldwide Corp., ..
United States
25 Aug 2015
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