It ain’t over ‘til the fat lady sings…or a federal court withdraws its controversial opinion.  Although infrequently, courts do withdraw their opinions and several federal court opinions of interest have been withdrawn since being issued this year.  No doubt these opinions addressed hot topics, leading to controversy over the courts’ initial opinions and prompting [...]

Hypothetical Question: a contract contains an arbitration clause that requires the arbitration of all disputes and also prohibits the parties from arbitrating any claims as part of a class or representative action.  Is the class/representative arbitration waiver enforceable under AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011)?   We discussed that there is a [...]

Most are aware of the noteworthy U.S. Supreme Court decision in AT&T Mobility v. Concepcion, 131 S.Ct. 1740, issued on April 27, 2011.  I addressed the implications of Concepcion in a previous blog. Concepcion has generated a lot of discussion and has been feared by some to be the “death knell” of the consumer class [...]

Does expert evidence that is offered in support of class certification need to be scientifically reliable in order to be admissible at the class certification stage? While the Circuit Courts are reportedly split on the application of Daubert at the class certification stage, a look behind the terminology used by the courts (full vs. limited [...]

   In March, 2010, the U.S. Supreme Court issued an important ruling in Shady Grove Orthopedic Associates v. Allstate Insurance Co., 130 S. Ct. 1431 (2010) that opened the federal courts to plaintiffs as a forum for class actions. However, the Fourth Circuit Court of Appeals recently advised putative class action plaintiffs that the door [...]

Over the last three years, the Supreme Court has issued a number of opinions that have given strength to arbitration agreements. The Court has reiterated that the Federal Arbitration Act (“FAA”) places arbitration agreements on equal footing with other contracts. As a result, corporations will be better able to use arbitration to safeguard against costly [...]