Antitrust Class Actions Class Certifications First Circuit Decisions Jurisdiction
November 6, 2018 / January 12, 2023 by Don Frederico
In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. As Josh points out, although the district court had referred to ascertainability in its decision certifying the class, the First Circuit opinion reversing class certification did not, and for good reason. […]
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Antitrust Class Actions First Circuit Decisions US District Court - Mass
October 17, 2018 / February 26, 2019 by Josh Dunlap
When last I wrote about ascertainability, I noted that a debate over the propriety of “ascertainability-by-affidavit” continued to percolate within the First Circuit even as lower courts relied on In re Nexium Antitrust Litigation to certify classes containing uninjured class members. Specifically, I noted a couple of developments. First, in In re Asacol Antitrust Litigation, […]
Arbitration Class Arbitration Consumer Class Actions First Circuit Decisions
June 26, 2018 / February 26, 2019 by Josh Dunlap
Yesterday the First Circuit weighed in on a hot topic – the enforceability of arbitration provisions in online contracts. In Cullinane, several plaintiffs brought a putative class action alleging that Uber had violated Massachusetts’ consumer protection statute by assessing certain fees. Uber filed a motion to compel arbitration under its Terms of Service, which contained […]
Supreme Court
June 11, 2018 / January 12, 2023 by Don Frederico
In an opinion authored by Justice Ginsburg and joined by all of the Justices (though with only a concurrence from Justice Sotomayor), the Supreme Court today ruled that its 1974 ruling in American Pipe & Constr. Co. v. Utah does not toll the statute of limitations for successive class actions. Justice Ginsburg summarized the Court’s holding as […]
Class Arbitration Employment Class Actions Supreme Court
May 23, 2018 / February 26, 2019 by Katy Rand
Since the Federal Arbitration Act’s (FAA) enactment in 1925, parties have sparred over the enforceability of arbitration agreements in a number of contexts. In recent years, the battle has focused on the enforceability of class or collective action waivers, pursuant to which parties agree to forgo their right to proceed on a class basis and […]
Consumer Class Actions Jurisdiction Massachusetts Decisions
March 30, 2018 / January 12, 2023 by Don Frederico
On March 6th, in Silva v. Todisco Services, Inc., Judge Kenneth Salinger, sitting in the Business Litigation Session of the Massachusetts Superior Court, held that a defendant’s tendering of the maximum amount of damages a plaintiff might recover in a putative class action did not moot either the plaintiff’s individual claims or the claims of […]
Jurisdiction
February 14, 2018 / May 17, 2024 by Katherine Kayatta
In June 2017, we wrote about the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) and how it would likely affect attempts by plaintiffs to pursue multi-state or nationwide class actions. As predicted, the case law is rapidly developing in the district courts, where, in reliance on Bristol-Myers’ […]
Antitrust Class Actions First Circuit Decisions US District Court - Mass US District Court - New Hampshire
December 7, 2017 / February 26, 2019 by Josh Dunlap
As various contributors to this blog have noted (here, here, and here), a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging that “the definition of [a] class must be ‘definite,’” the majority concluded that this requirement could be satisfied by […]
Arbitration Class Arbitration Consumer Class Actions Legislation
November 14, 2017 / January 12, 2023 by Don Frederico
Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I have heard from some politicians in the media is that Congress has voted to ban class actions against banks. As is […]
Consumer Class Actions First Circuit Decisions
August 2, 2017 / January 12, 2023 by Don Frederico
On July 26th, the First Circuit issued rulings in putative consumer class actions brought by the same attorney against two national department store chains, challenging their allegedly deceptive use of comparative pricing on their in-store price tags. In the first case, brought against Nordstrom, the court engaged in a careful review of a series of […]
