Tag Archives: Class Actions

Second Circuit Vindicates Concepcion in Gender Discrimination Case

In April 2011, the U.S. Supreme Court handed down its landmark opinion in AT&T Mobility v. Concepcion, holding that the Federal Arbitration Act preempted California’s Discover Bank rule, which had previously voided waivers of class arbitration in most consumer cases. In the nearly two years since Concepcion, the courts and the defense bar have been wrestling … Continue Reading

Supreme Court Unanimously Holds Plaintiffs Can’t Stipulate Around CAFA

On Tuesday morning, a unanimous U.S. Supreme Court decisively closed a loophole in the Class Action Fairness Act, holding in Standard Fire Insurance Co. v. Knowles that a purported stipulation by the named plaintiff to seek less than the $5 million jurisdictional threshold was irrelevant for purposes of determining whether Federal jurisdiction over the class … Continue Reading

Defusing a Class Action in a Hurry

By any definition, it’s a crisis: your client receives a summons and complaint for a putative class action in Federal court. Can you close down the case in the starting gate by just giving the named plaintiff what he or she wants — filing a Rule 68 Offer of Judgment for all requested relief, plus … Continue Reading

The Upshot: What Wal-Mart v. Dukes Means for Future Aggregate Litigation

The Supreme Court’s decision overturning the certification of the massive gender discrimination class in Wal-Mart v. Dukes [pdf] has been well-publicized. We go behind the headlines, therefore, to offer a few educated guesses as to what the case will mean for the future of class actions and other forms of aggregate litigation: Statewide classes barred on state … Continue Reading

Against “Rough Justice” Part One: The Fidelity Imperative

In his recent article in the online magazine, Slate, Richard Thompson Ford discusses the key class action case, Wal-Mart v. Dukes, currently pending before the Supreme Court. Ford notes some of the problems of handling such an enormous number of claims as class actions. Under the Dukes trial plan, each class member’s entitlement to back pay … Continue Reading

Supreme Court Says Arbitration Agreements Can Derail Class Actions

In a 5-4 decision, the U.S. Supreme Court has reaffirmed the right of businesses to compel arbitration of consumer complaints, and to block class action litigation through the enforcement of individual arbitration agreements. In so holding, the Court invalidated the prior California Supreme Court rule in Discover Bank v. Superior Court, 36 Cal.4th 148 (2005) that … Continue Reading

California Supreme Court Establishes Economic Injury Threshold for Unfair Competition and False Advertising Claims

The California Supreme Court has declared that “labels matter,” and that under California’s Unfair Competition Law, a consumer’s subjective sense of feeling duped translates to a cognizable economic injury. The Court’s majority opinion in Kwikset Corporation v. Superior Court (.pdf), issued today, January 27th, held that plaintiffs “who can truthfully allege they were deceived by … Continue Reading

Illinois Supreme Court Allows Petitions for Leave to Appeal In Eight New Civil Cases

Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases.  They are: Uldrych v. VHS of Illinois, Inc., Williams v. Board of Review, 2010 WL 743894 (1st Dist., 2010), which involves the question of whether implied indemnity actions are subject to the four-year statute of repose governing actions … Continue Reading