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 […]
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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 […]
Class Certifications Employment Class Actions US District Court - Mass
July 18, 2017 / January 12, 2023 by Don Frederico
In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically, the plaintiffs alleged that they were required to remain in the store during their breaks when they were the only managerial employees […]
Appeals Jurisdiction Supreme Court
July 3, 2017 / January 12, 2023 by Don Frederico
On June 12th, the Supreme Court issued its unsurprising decision in Microsoft Corp. v. Baker, addressing a relatively recent twist concerning the appealability of orders denying class certification. The case resulted in unanimous agreement among the eight Justices who participated in it (Justice Gorsuch did not participate), but a five-three split among them as to whether the case should […]
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Current Affairs Supreme Court
April 19, 2017 / February 26, 2019 by Josh Dunlap
This week, Justice Gorsuch donned his black robes and began hearing arguments alongside his new colleagues on the Supreme Court. With his elevation to the high court, Justice Gorsuch assumes many new responsibilities. Some, of the lighter kind, include opening the door during conferences with his colleagues and assuming oversight of the Court’s cafeteria menu. […]
Class Action Settlements Class Notice
April 5, 2017 / February 26, 2019 by Lucas Ritchie
On this blog, we previously wrote about the Fairness in Class Action Litigation Act of 2017, and identified its potential to bring significant changes to class action practice. That Act was passed by the House on March 9, 2017, based on a 220-201 vote, split almost entirely along party lines, and has now advanced to […]
Class Action Fairness Act
March 15, 2017 / February 26, 2019 by PAMarketing
In February 2017, Representative Goodlatte introduced the Fairness in Class Action Litigation Act of 2017. The Act, as with its 2015 predecessor, covers a lot of ground. It permits certification of damages classes only where “each proposed class member suffered the same type and scope of injury.” It precludes certain conflicts of interest between class […]
Class Certifications Consumer Class Actions
January 26, 2017 / May 17, 2024 by Katherine Kayatta
On this blog, we have previously written about the growing split among the federal circuits concerning courts’ approaches to ascertainability. The Third Circuit, in a string of cases within the last five years, adopted a test requiring that class members must be identifiable without extensive and individualized fact-finding or “mini-trials,” and a plaintiff must present […]
Class Arbitration Employment Class Actions Supreme Court
January 17, 2017 / February 26, 2019 by Katy Rand
Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under Section 7 of the National Labor Relations Act. According to the schedule currently in place, briefing on these cases will commence in late February […]
Arbitration Class Arbitration Employment Class Actions
January 3, 2017 / February 26, 2019 by Katy Rand
Employers commonly use arbitration agreements to minimize the expense and exposure of employment-related claims. By mandating arbitration of employment disputes, they hope to ensure that these matters are resolved in a cost-effective and confidential manner. Many arbitration agreements go a step further, requiring employees to pursue their claims individually, and to waive their right to […]
