Class Action Settlements
December 8, 2013 / January 11, 2023 by mindgrub
There comes a time in many class actions when the parties agree to mediate. Like class litigation, the mediation of class actions, whether pre-certification or post-certification, is more c...
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Uncategorized
December 7, 2013 / February 26, 2019 by mindgrub
There comes a time in many class actions when the parties agree to mediate. It doesn't happen in all cases. The decision whether to settle (the goal of mediation) may be a matter of timing...
Class Certifications US District Court - Mass
November 30, 2013 / January 11, 2023 by mindgrub
On November 14, 2013, Judge William G. Young of the District of Massachusetts entered an order certifying a class of individual consumers and other payors who alleged that anti-competitive p...
Consumer Class Actions US District Court - Mass
September 8, 2013 / January 11, 2023 by mindgrub
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...
Class Certifications Supreme Court
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...
Class Arbitration Massachusetts Decisions
August 1, 2013 / January 10, 2023 by mindgrub
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....
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...
Arbitration Class Arbitration Consumer Class Actions Employment Class Actions Massachusetts Decisions
June 17, 2013 / January 10, 2023 by mindgrub
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. (...
Class Arbitration Supreme Court
June 14, 2013 / February 26, 2019 by mindgrub
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...
First Circuit Decisions
May 30, 2013 / February 26, 2019 by mindgrub
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...
