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Searching Content indexed under Trials & Appeals & Compensation 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 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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
Supreme Court Holds in Spokeo that Plaintiffs Must Show "Real" Harm to Have Standing to Sue for Statutory Damages
The Supreme Court today issued its decision in Spokeo, Inc. v. Robins (pdf), a closely-watched case presenting the question whether Article III's "injury-in-fact" requirement for standing to sue in federal court may be satisfied by alleging a statutory violation without any accompanying real world injury.
United States
16 May 2016
13
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
14
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
15
Supreme Court Holds that Federal Arbitration Act Preempts California Court's Interpretation of Arbitration Clause
In AT&T Mobility LLC v. Concepcion, the Supreme Court held that the Federal Arbitration Act ("FAA") preempts state-law rules barring enforcement of an arbitration agreement if the agreement does not permit the parties to utilize class procedures in arbitration or in court.
United States
15 Dec 2015
16
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
17
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
18
Supreme Court To Revisit Class-Certification Standards In Tyson Foods, Inc. v. Bouaphakeo
Today, the Supreme Court granted review in what may be a major decision on the standards for class certification, Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146.
United States
8 Jun 2015
19
Supreme Court Grants Certiorari To Address Interplay of Federal Arbitration Act And State-Law Savings Clause In Arbitration Agreement
As readers of this blog know, prior to the Supreme Court's decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court (and a number of other state courts) had declared that waivers of class-wide arbitration were unenforceable as a matter of state law.
United States
24 Mar 2015
20
U.S. Chamber of Commerce Files Amicus Brief on Ascertainability in Key Ninth Circuit Case
As readers of our blog know, ascertainability is one of the most contentious issues in class action litigation these days.
United States
4 Feb 2015
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