Tag: Class Action Fairness Act

U.S. Supreme Court Limited Authority to Remove Class Actions to Original Defendants, Third-Party Counterclaim Defendants May Not Remove Even Under CAFA

Tony LathropClass Actions, Federal Practice, Fourth Circuit, Litigation

A defendant by any other name does not smell as sweet when it comes to removing class actions from state court to federal court, even under the Class Action Fairness Act of 2005 (“CAFA”). Congress passed CAFA to address perceived…

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement Ambiguous on Class Procedures

Tony LathropArbitration, Class Arbitration, Employment Litigation, Litigation

The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class arbitration when the arbitration…

Congressional Overhaul of Class Action Procedure Pending Senate Consideration

Tony LathropAttorneys' Fees, Class Actions, Federal Practice, Legislative Updates, Litigation, U.S. House, U.S. Senate

As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA) to provide…

10 Years After CAFA, the Fairness of Class Actions is Revisited by Newly Proposed Legislation

Tony LathropClass Actions, Legislative Updates, U.S. House

Class action lawsuits have become a commonplace fixture in the American judicial landscape and carry the force to extract billions of dollars from defendants, many of whom settle once a class is certified due to the costs and risks of…