Maine Appeals
First Class Defense
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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March 25, 2013

Standard Fire Insurance Co. v. Knowles: Plaintiffs Cannot Manipulate Amount in Controversy to Avoid CAFA Jurisdiction
Class Action Fairness Act, Supreme Court
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The Class Action Fairness Act of 2005 (CAFA) was designed to ensure a federal forum for class-action cases “of national importance.”  CAFA extends the federal courts’ diversity jurisdiction...

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March 22, 2013

“Class-Wide” Arbitration Revisited in Oxford Health Plans LLC v. Sutter, U.S. No. 12-135: The Supreme Court Prepares to Weigh Back In
Class Arbitration
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Last summer, I* wrote about the First Circuit’s June 27, 2012 decision in Download Fantastic Sams v FSRO Assoc, a case holding that, in the event of an arbitration provision that does not ex...

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March 16, 2013

The Distinct Injury Requirement is Alive and Well in Massachusetts Consumer Cases
Consumer Class Actions, Massachusetts Decisions
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The patchwork of Massachusetts Supreme Judicial Court decisions construing our consumer protection statute (Chapter 93A) has created a great deal of confusion, particularly over the last dec...

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March 08, 2013

Closer Scrutiny for Cy Pres Distributions?
Class Action Settlements
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The Third Circuit’s recent opinion in In re Baby Products Antitrust Litig. is noteworthy for its approach to cy pres distributions in class settlements, a topic that has also garnered recent...

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