United States Supreme Court


June 10, 2013 2:40 PM | Posted by D. Matthew Allen | Permalink
The Supreme Court today decided Oxford Health Plans LLC v. Sutter. This decision expands the scope of class actions in arbitration. In Oxford Health, the court took back what the court gave in Stolt-Nielsen, where the court had ruled that an arbitrator may not order a class arbitration when the parties’ contract is silent on the point. Here, the contract seemed to be silent, but was broadly written. Too broadly written, as it turned out. read more
May 28, 2013 3:31 PM | Posted by D. Matthew Allen | Permalink
Breaking news: The Supreme Court today accepted certiorari in Mississippi ex rel. Hood v. AU Optronics Corp., Docket No. 12-1036. The court will take up the question of whether a state’s parens patriae action is removable as a “mass action” pursuant to the Class Action Fairness Act when the state is the sole plaintiff and the claims arise under state law. The Fifth Circuit has held that such a case is removable. The Fourth, Seventh, and Ninth Circuits have held that it is not. read more
March 27, 2013 5:10 PM | Posted by Joshua E. Roberts | Permalink
After months of anticipation, the Supreme Court finally released its decision in Comcast Corp. v. Behrend, No. 11–864. In a 5-4 decision authored by Justice Scalia, the Court reversed the certification of a 23(b)(3) class of Comcast cable-television customers located in the metropolitan Philadelphia market. The purported class was attempting to bring an antitrust case against Comcast for allegedly overcharging its cable subscribers. Why did the Court deny class certification and what does this mean for class-action defendants going forward? read more
February 28, 2013 11:13 AM | Posted by Joshua E. Roberts | Permalink
According to the Supreme Court’s decision in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, (U.S., Feb. 27, 2013), the Supreme Court held that plaintiffs in securities fraud cases need not prove material reliance prior to class certification – materiality can be put on hold. This highly anticipated decision is sure to send ripples through the class action world. Find out more after the jump. read more
July 30, 2012 1:31 PM | Posted by Kirkwood, Allison | Permalink
More than two years ago, the Eleventh Circuit certified questions to the Florida Supreme Court regarding class actions waivers in consumer contracts in Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 (11th Cir. 2010).  In light of the United States Supreme Court's ruling in Concepcion, the Florida Supreme Court declined jurisdiction. read more
March 12, 2012 12:54 PM | Posted by Katherine Heckert | Permalink
In Kilgore v. Keybank, National Association, ---F.3d ----, 2012 WL 718344 (9th Cir. (CA) Mar. 7, 2012), the Ninth Circuit Court of Appeals considered whether the Supreme Court's decision in AT&T Mobility, Inc. v. Concepcion required the Federal Arbitration Act ("FAA") to preempt California's state law rule prohibiting the arbitration of claims for broad, public injunctive relief in a class action related to private student loans.  Find out what controls, after the jump. read more
February 14, 2012 9:51 AM | Posted by Katherine Heckert | Permalink
In Sam Duran et al. vs. U.S. Bank National Assn., No. A125557 (Cal. Ct. App. Feb. 6, 2012), the California District Court of Appeals relied on the landmark Supreme Court decision in Wal-Mart to determine whether 20 out of 260 is a sufficient sample size to support class certification. What did they conclude? Find out, after the jump. read more
February 10, 2012 9:39 AM | Posted by Katherine Heckert | Permalink
Three years after initial class certification, the Ninth Circuit in Mazza v. American Honda, No. 09-55376 (Jan. 12, 2012) reviewed the District Court’s opinion, considering, in part, whether the Wal-Mart affirmative burden to demonstrate that a common question of fact or law exists was met to resolve the issues “in one stroke.”  Were such common issues present in Mazza, where consumers across the country were exposed to different advertising?  Find out, after the jump. read more
January 10, 2012 2:37 PM | Posted by Wiley, Jim | Permalink
Friday, in D.R. Horton Inc. v. Michael Cuda, the NLRB issued a ruling that class action waivers of workplace claims can amount to an unfair labor practice under the National Labor Relations Act—that is, such waivers are unlawful. read more