This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a long-awaited final rule that prohibited class waivers in arbitration agreements related to a broad range of financial products. And employees and the National Labor Relations Board … Continue reading →
Archives for U.S. Supreme Court
The Next Big Thing: Will Employment Agreement Class Action Waivers Clear the U.S. Supreme Court?
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SCOTUS Squashes Class Action Plaintiff Attempt to Obtain Review of Class Certification
The reality of class action litigation is that what is supposed to be the court’s preliminary decision of whether to certify a case as a class action is often the end of the litigation. In many cases, plaintiffs will not proceed if the court denies class certification for reasons including that their individual claims are … Continue reading →
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Broadening Split on Viability of Class Waivers in Employment Arbitration Agreements Invites SCOTUS
In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal Arbitration Act (FAA). The National Labor Relations Board (NLRB) parted with the post-Concepcion trend to enforce class waivers in D. R. Horton, Inc. and Michael … Continue reading →
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EIB Energy Highlights: Nat Gas Outpowers Coal, NC Renewables, CPP En Banc, Fed Energy Bill Awaits Conference & More
Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy Interdependency Blog’s in-depth individual treatment of critical issues emerging in energy policy, regulation, and related litigation. EIB Energy Highlights … Continue reading →
category: AEO2016, CFTC, Clean Power Plan, Coal, Crude Exports, Crude Exports, Cybersecurity, EIB Energy Highlights, Electricity, Energy Exports, Energy Litigation, Energy Policy, Energy Policy Modernization Act, Energy Reports, Federal Power Act, FERC, Grid Security, H.R. 702, H.R. 702, H.R. 8, House Energy and Commerce Committee, Legislative Updates, Liquefied Natural Gas (LNG), Market Manipulation, Natural Gas, North Carolina, OPENS Act, OPENS Act, S. 2011, S. 2012, U.S. House, U.S. Senate, U.S. Supreme Court
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EIB Energy Highlights: Nat Gas Outpowers Coal, NC Renewables, CPP En Banc, Fed Energy Bill Awaits Conference & More
Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy Interdependency Blog’s in-depth individual treatment of critical issues emerging in energy policy, regulation, and related litigation. EIB Energy Highlights … Continue reading →
category: AEO2016, Annual Energy Outlook, CFTC, Clean Power Plan, Coal, Crude Exports, Cybersecurity, EIB Energy Highlights, Electricity, Energy Exports, Energy Litigation, Energy Policy, Energy Policy Modernization Act, Energy Reports, Federal Power Act, FERC, Grid Security, H.R. 702, H.R. 8, House Energy and Commerce Committee, Legislative Updates, Liquefied Natural Gas (LNG), Market Manipulation, Natural Gas, North Carolina, OPENS Act, S. 2011, S. 2012, Solar, U.S. House, U.S. Senate, U.S. Supreme Court, Wind
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Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program
In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale electricity sales in Hughes v. Talen Energy Marketing, LLC, 578 U.S. ___ (2016). In the midst of rapid transformation in the energy industry, the expansion … Continue reading →
category: DAS, Division of Analytics and Surveillance, Electricity, Energy Litigation, FERC, Gas Flows, Gas-Electric Interdependency, Gas-Fired, Natural Gas, Office of Enforcement, U.S. Supreme Court
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SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question
Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had hoped. On March 22, 2016, a 6-2 split Court issued its opinion in the Tyson Foods, … Continue reading →
category: Litigation Law Blog, U.S. Supreme Court
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MLB Litigation Brief: Class Action Questions Open After Scalia’s Death, Arbitration Fees and American Rule & More
Our goal is to serve as a cutting-edge resource for companies operating in an increasingly globalized and regulated business environment. Moore & Van Allen’s MLB Litigation Brief is a complement to our Litigation Blog’s in-depth individual treatment of critical issues emerging in federal, North Carolina state, and international litigation, as well as in arbitration, regulatory … Continue reading →
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Supreme Court: FERC Has Authority to Regulate Electricity Market Demand Response Prices to Bolster Grid Reliability
Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____ (2016) confirming that the Federal Energy Regulatory Commission (FERC) does have the authority under the … Continue reading →
category: Electricity, Energy Litigation, Energy Policy, Environmental Crimes, FERC, Grid Reliability, H.R. 3301, minimum load costs compensation, Solid Waste Management Act, U.S. Supreme Court
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What’s Hot in Class Actions (Part 3/3): Potential Rule 23 Amendments Narrowed, Congress Tackles No-Injury Class
Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class action litigation and the tools available to minimize their exposure to class action liability. Over the last several weeks, … Continue reading →
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