Tag Archives: Class Action

China Agritech: The Supreme Court Ends Class Action “Stacking”

China
This week, in the closely watched case of China Agritech v. Resh,[1] the U.S. Supreme Court issued an important class action ruling, holding that the tolling principles announced in its earlier American Pipe decision[2] do not allow absent class members to file follow-on class action lawsuits where the statute of limitations has otherwise expired on … Continue reading this entry

Supreme Court Extends Class Action Waivers To Employee/Employer Contracts

Waivers
The Supreme Court yesterday extended its arbitration-friendly precedent holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (NLRA) does not prohibit employers and employees from agreeing to class action waivers in employment contracts.… Continue reading this entry

Justices Scrutinize the Pros and Cons of Extending American Pipe Tolling

Tolling
As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified. In Monday’s oral argument of China Agritech, Inc. v. Resh,[i] a few … Continue reading this entry

Will The Supreme Court Allow Class Action Stacking?

China
Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any reason. Most courts have been understandably wary of the notion that statutory limitations periods can … Continue reading this entry

4 Tips For Applying Arbitration Agreements To TCPA Claims

Uber
The Telephone Consumer Protection Act remains a hotbed of class action litigation. With statutory damages of up to $1,500 for each call, text or fax, the potential exposure creates the threat of annihilating damages for some businesses. This article discusses an additional, often overlooked, tool for defendants in TCPA cases — moving to compel arbitration. … Continue reading this entry

Wisconsin Supreme Court Aligns State Class Action Statute with Fed. R. Civ. P. 23

Arbitration
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class action rule, Fed. R. Civ. P. 23.” See In re proposed amendments to Wisconsin Statutes s.s. 803.08 and 426.110, Pet. No. … Continue reading this entry

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

Data
The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22 million current and former federal employees.  But a class action lawsuit brought on behalf of those employees was … Continue reading this entry

Taking the Pulse of Ascertainability in the Ninth Circuit after Briseno v. ConAgra Foods, Inc.

China
Most federal courts have found that Rule 23 of the Federal Rules of Civil Procedure implicitly requires a showing that members of a proposed class are readily identifiable or “ascertainable” for a class to be certified. For some time now, however, there has been a split among the United States Courts of Appeals over what … Continue reading this entry

Seventh Circuit Underscores Important Role for Pre-Certification Challenges to Expert Witnesses

Seventh
In order to certify a class action, it is the plaintiff’s burden to prove that all of the requirements of Rule 23 of the Federal Rules of Civil Procedure are satisfied. In some class actions, plaintiffs cannot proceed without expert testimony that can prove, at a minimum, that issues can be addressed based on common … Continue reading this entry

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

China
Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the Racketeer Influenced Corrupt Organizations (RICO) Act, the Real Estate Settlement Procedures Act (RESPA), and the Telephone Consumer Protection Act (TCPA) —have gotten creative in their attempts to … Continue reading this entry

Utilizing California Civil Code Section 1542 Waivers in Class Action Settlement Agreements: Helpful or Harmful?

China
A significant concern for any lawyer negotiating the settlement of a class action in California state court is crafting a settlement agreement that the court will ultimately approve. Under California law, a judge must approve of any proposed settlement agreement disposing of a class action.[i]  A judge will only approve a class action settlement that … Continue reading this entry

Foley Announces New Class Action Blog and Consumer Class Action Group

Foley is restructuring its practice groups to bring our considerable consumer law and class action expertise together in a single forum.  We are proud to announce the formation of our new Consumer Law, Finance & Class Action Practice Group. Consistent with our new focus, we are also expanding the scope of this blog to reach a broader array … Continue reading this entry

Increasing Legal Scrutiny of Website Accessibility in the Real Estate Industry

From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits based upon website accessibility pose an emerging threat to real estate brokers, lenders, homebuilders, and ultimately, any company that has a web … Continue reading this entry

SCOTUS Upholds Enforceability of Class Action Waiver in Arbitration Agreements

Once again demonstrating its strong support for enforcement of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA), and class action waivers, the Supreme Court today struck a blow to what had become a potentially promising argument for plaintiffs’ counsel. In American Express Co. v. Italian Colors Restaurant, No. 12-133, the Court in a 5-3 decision … Continue reading this entry

New SCOTUS Class Arbitration Ruling May Have Limited Impact

On June 10th, the Supreme Court issued a unanimous opinion in Oxford Health Plans v. Sutter, No. 12-135, that will be viewed by some as increasing the risk of class proceedings in arbitration. The sweep of the case, however, will likely be much more limited for several reasons. In Oxford, the Supreme Court rejected a … Continue reading this entry

Supreme Court In CompuCredit Corp. v. Greenwood Gives Another Victory to Proponents of Arbitration

Following on the heals of its pro-arbitration decision in Concepcion from earlier this year, the United States Supreme Court ruled today that a federal statute that provides for a private right of action and even for class actions, but is silent as to whether these claims can proceed in arbitration, does not trump the Federal … Continue reading this entry