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U.S. Supreme Court

This category contains 33 posts

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

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

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

MLB Litigation Brief: Class Action Questions Open After Scalia’s Death, Arbitration Fees and American Rule & More

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

What’s Hot in Class Actions (Part 2/3): SCOTUS View on Stats to Support Class Cert, No-Injury Class Colored by FLSA?

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

What’s Hot in Class Actions (Part 1/3): SCOTUS on Company’s Power to Moot an Action & Congress’ Power to Create One

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

Class Actions with Uninjured Class Members Face Congressional and U.S. Supreme Court Scrutiny

Circumscribing an individual’s power to subject companies to class and collective actions has been on the forefront of corporate litigation for several years, particularly in light of the growing trend of class action filings.  An increasingly common scenario facing corporate defendants is the “no-injury class” in which many members of a certified class actually sustained … Continue reading

Supreme Court to Decide if Class Action Machine Grinds to a Halt After Offer of Complete Relief to Named Plaintiff

A recent global survey of corporate counsel revealed that the increasing number of class actions filed is considered to be the most important litigation trend currently facing companies.  Over the last several years, companies and plaintiffs alike have been urging the U.S. Supreme Court to clarify the boundaries of class action litigation.  The High Court … Continue reading

U.S. Supreme Court Rejects Good-Faith Invalidity Defense to Induced Patent Infringement

On May 26, 2015, the U.S. Supreme Court issued its decision in Commil USA LLC v. Cisco Systems, Inc., 575 U. S. ____ ( 2015), rejecting the Federal Circuit Court of Appeals’ recognition of a defense to induced patent infringement claims based on the good-faith belief that a patent is invalid.  The Federal Circuit Court … Continue reading

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