Employment Class Actions Supreme Court
March 23, 2016 / May 17, 2024 by mindgrub
In Tyson Foods, Inc. v. Bouaphakeo, et al., the United States Supreme Court affirmed a judgment in favor of a class of Tyson employees, holding that averaged statistical analysis or so-called “representative evidence” presented by the class’s experts properly established classwide liability in the case. The Court rejected, however, the requests of all parties and amici curiae to adopt a broad and categorical rule governing the use of representative and statistical evidence in class actions, stating that...
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Supreme Court
February 14, 2016 / January 11, 2023 by mindgrub
No one has done more to shape class action law than Justice Antonin Scalia. His unexpected passing, even while important class action cases remain under advisement, will spark a renewed push to tilt class action jurisprudence to a more plaintiff-friendly bent.
January 20, 2016 / January 11, 2023 by mindgrub
Today, in Campbell-Ewald Co. v. Gomez, a majority of the Supreme Court held, "in accord with Rule 68 of the Federal Rules of Civil Procedure, that an unaccepted settlement offer has no force," and does not negate the existence of a case and controversy for purposes of Article III jurisdiction.
Class Certifications Supreme Court
January 16, 2016 / February 26, 2019 by mindgrub
Yesterday the Supreme Court granted certiorari in the Microsoft Xbox case to decide whether federal courts of appeals have jurisdiction to review orders denying class certification after named plaintiffs voluntarily dismiss their individual claims with prejudice.
Class Certifications Current Affairs Supreme Court
March 27, 2015 / February 26, 2019 by mindgrub
This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the speaker actually holds the stated opinion. The high court ruled that such opinions are not actionable as an “untrue statement of material fact” simply because they turn out to be wrong. But, taking another “midway position” on a divisive issue of securities class action litigation, the court left the door open...
Class Action Fairness Act Supreme Court
December 19, 2014 / May 17, 2024 by mindgrub
The United States Supreme Court held this week in Dart Cherokee Basin Operating Co., LLCv Owens that defendants removing cases from state to federal court, including class action defendants...
June 23, 2014 / February 26, 2019 by mindgrub
Earlier this spring, in our post titled, The Supreme Court Ponders the Future of the Basic Presumption in Securities Litigation, we reported on the oral arguments before the Supreme Court in...
January 16, 2014 / February 26, 2019 by mindgrub
On Tuesday, the Supreme Court once again weighed in with a decision regarding class actions, but this time with a twist. In what is a rare event in the class action context, the Court hande...
August 14, 2013 / February 26, 2019 by mindgrub
Earlier this year, I blogged about the Supreme Court’s decision in Comcast Corp. v. Behrend. At the time, I noted that Behrend reaffirmed that damages methodologies must be closely examined...
Arbitration Class Arbitration Massachusetts Decisions Supreme Court
July 1, 2013 / February 26, 2019 by mindgrub
Just over two years ago, the Supreme Court issued its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempted a state rule that class action waivers...
