Consumer Class Actions Supreme Court
April 3, 2013 / February 26, 2019 by mindgrub
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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Class Action Fairness Act Supreme Court
March 25, 2013 / February 26, 2019 by mindgrub
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...
Class Arbitration
March 22, 2013 / February 26, 2019 by mindgrub
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...
Consumer Class Actions Massachusetts Decisions
March 16, 2013 / January 10, 2023 by mindgrub
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...
Class Action Settlements
March 8, 2013 / February 26, 2019 by mindgrub
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...
Class Action Settlements Class Certifications
March 5, 2013 / February 26, 2019 by mindgrub
In a watershed moment for class action securities litigation, last Wednesday the Supreme Court issued its opinion in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, making it ea...
Employment Class Actions
February 9, 2013 / January 10, 2023 by mindgrub
Last month, I expressed concern that a Seventh Circuit decision authored by Judge Posner in a consumer class action emphasized efficiency over fairness in deciding whether a class should be...
Consumer Class Actions US District Court - Maine
January 18, 2013 / February 26, 2019 by mindgrub
Just before the holidays, Judge Singal issued an order de-certifying a class in Loef v. First American Title Insurance Company. The Loef decision both provides an excellent example of the ch...
Class Arbitration Employment Class Actions
January 15, 2013 / February 26, 2019 by mindgrub
The U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, upholding the enforceability of a class action waiver in a consumer arbitration agreement, was applauded by employe...
Consumer Class Actions
January 11, 2013 / February 26, 2019 by mindgrub
As recently discussed on this blog, the Seventh Circuit – in an opinion authored by Judge Posner – reversed a district court’s denial of class certification regarding claims involving Whirlp...