We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The settlement is a cy pres-only agreement which called for distribution of all funds paid by the defendant directly … Continue reading →
Archives for U.S. Supreme Court
What About the Merits – What, If Anything, Will the Supreme Court Do With Cy Pres-Only Class Action Settlements?
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Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements
What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to someone…or has it evolved simply into a mechanism for plaintiffs’ attorneys to collect fees? These are several of … Continue reading →
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Has Cy Pres Gone Too Far: U.S. Supreme Court to Consider When Class Action Plaintiffs Get Nothing, but Their Lawyers and Charities Cash-In Via Plaintiffs’ Settlement
There has been a lot of discussion surrounding class action litigation over the course of the last several years. The U.S. Supreme Court has tackled a variety of issues ranging from the use of class action waivers in arbitration agreements to whether class action plaintiffs can base claims solely on statutory damages when they have … Continue reading →
category: Litigation Law Blog, U.S. Supreme Court
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U.S. Supreme Court Says “No” to Plaintiff Attempts to File Repetitive Class Actions After Statute of Limitations Has Run Out
It is easy to overgeneralize the outcome of a legal dispute as pro-plaintiff or pro-defendant to paint a picture of which way a court is leaning and who is finding favor. This week, the U.S. Supreme Court issued its second class action decision in as many months that is favorable for defendant companies. No doubt … Continue reading →
category: Litigation Law Blog, U.S. Supreme Court
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A Split U.S. Supreme Court Upholds Class Waivers in Individual Employment Agreements, Highlighting the Role of Congress in the Class Waiver Fight
The viability of class waivers in employment agreements has been a closely watched battle in the courts since the National Labor Relations Board (NLRB) ruled in D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764, 357 NLRB No. 184 (2012) that class waivers in individual employment agreements violate the National Labor Relations Act (NLRA) by preventing employees … Continue reading →
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The Next Big Thing: Will Employment Agreement Class Action Waivers Clear the U.S. Supreme Court?
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 →
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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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