In an April 30th post, we described the First Circuit’s recent decision in In re: Lupron Marketing and Sales Practices Litigation, in which the court for the first time articulated the stand…
In 2007 and 2008, the United States Supreme Court issued landmark decisions clarifying the pleading standards that must be met for a complaint to survive a motion to dismiss under Fed. R. Ci…
Last week, on the one-year anniversary of Wal-Mart Stores v. Dukes, 131 S.Ct. 2541 (2011), a group of Democratic lawmakers proposed companion House and Senate bills that would repeal Dukes’…
As previously reported, the Massachusetts Supreme Judicial Court will be reviewing the continued vitality of its decision in Feeney v. Dell Inc. (Feeney I), governing the enforceability of c…
Katy Rand’s article, “NLRB Finds Class Action Waivers in Employment Arbitration Agreements Invalid,” appeared in the May 2012 issue of Securities Litigation Commentator, Volume 2011, No. 5….
Last month the Consumer Financial Protection Bureau announced that it is launching a public inquiry into the effects of mandatory arbitration provisions in consumer financial services contra…
Given the focus of our blog, it seems only fitting to mention this CLE event featuring five First Circuit judges as panelists. I attended a similar event at the Boston Bar Association a few…
The Massachusetts Supreme Judicial Court has agreed to re-review a case involving the enforceability of class action waivers in arbitration provisions in light of last term’s United States S…
In a case that sheds some light on how the court handles allegations of subject matter jurisdiction under the Class Action Fairness Act, and how it applies the heightened pleading standards…
In 2009, the First Circuit held, as a matter of first impression, that class action settlement agreements may, in appropriate circumstances, include provisions for cy pres distributions. In…