Maine Appeals
First Class Defense
September 08, 2013

District of Massachusetts Denies Certification in Home Loan Modification Case
Consumer Class Actions, US District Court - Mass
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The home mortgage crisis of the last several years has spawned its share of new government regulation and litigation.  On September 4th, Judge Rya Zobel denied plaintiffs' motion for class c...

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August 14, 2013

Damages and the Predominance Analysis Following Behrend: The D.C. Circuit Gives Behrend a Robust Interpretation
Class Certifications, Supreme Court
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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...

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August 01, 2013

Massachusetts SJC reverses itself, follows Amex.
Class Arbitration, Massachusetts Decisions
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We have written several times in this blog about what we perceived as the inconsisteny between the Massachusetts decisions in the Feeney v. Dell case and the SCOTUS decision in Concepcion....

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July 01, 2013

American Express v. Italian Colors Restaurant: The Supreme Court Reinforces AT&T Mobility v. Concepcion
Arbitration, Class Arbitration, Massachusetts Decisions, Supreme Court
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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...

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June 17, 2013

Concepcion in Massachusetts: The Feeney and Machado Decisions
Arbitration, Class Arbitration, Consumer Class Actions, Employment Class Actions, Massachusetts Decisions
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Last week, the Massachusetts Supreme Judicial Court issued two long-awaited decisions concerning the enforceability of class action waivers in arbitration agreements.  Feeney v. Dell, Inc. (...

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June 14, 2013

“Class-wide Arbitration” Revisited: The Supreme Court Weighs In (Again) With Oxford Health Plans LLC v. Sutter
Class Arbitration, Supreme Court
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In a March post on this blog, my colleague John Aromando previewed the then up-coming oral argument before the Supreme Court in Oxford Health Plans LLC v. Sutter, discussing the possible imp...

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May 30, 2013

Massachusetts Retirement Systems v. CVS Caremark: Reviving a Shareholder Suit, First Circuit Weighs In On Corrective Disclosures and Loss Causation in Securities Fraud Class Actions
First Circuit Decisions
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In Mass. Ret. Sys. v. CVS Caremark Corp., the First Circuit recently revived a shareholder securities fraud class action stemming from the 2006 merger of retail pharmacy chain, CVS, and pres...

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May 23, 2013

Wang v. Hearst Corporation: Unpaid Interns Denied Class Status
Employment Class Actions
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With the economy dragging and jobs difficult to come by, students who might otherwise have obtained paying jobs have increasingly turned to unpaid internships as a way to gain relevant exper...

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April 17, 2013

Genesis Healthcare Corp. v. Symczyk: A Victory For Employers As Far As It Goes
Employment Class Actions, Supreme Court
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Yesterday, the United States Supreme Court issued a much anticipated decision in the case of Genesis Healthcare Corporation v. Laura Symczyk. The majority declined to answer the question...

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April 03, 2013

Comcast Corp. v. Behrend: A Close Look At Class-Wide Proof of Damages
Consumer Class Actions, Supreme Court
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On March 27th, the Supreme Court issued a notable opinion addressing not only the interplay between class certification and merits issues, but also the relationship between Rule 23(b)(3) pre...

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