Yesterday, the Supreme Court handed down its decision in Epic Systems Corporation v. Lewis (pdf). Here is a piece that my colleague and I wrote for SCOTUSblog about the Court’s decision and its implications.
Class Defense Blog
Cutting-Edge Issues in Class Action Law and Policy
The Class Defense Blog, published by Mayer Brown, focuses on developments and issues related to arbitration, particularly consumer and employment arbitration rules. It covers topics such as changes to arbitration procedures by the American Arbitration Association, strategies to address mass arbitrations, and legal defenses against claims under statutes like the Video Privacy Protection Act. The blog also discusses the use of bellwether proceedings in arbitration to manage mass claims and provides commentary on regulatory and procedural updates affecting arbitration fairness and efficiency. It serves as a resource for understanding arbitration trends, rule amendments, and litigation strategies in class and mass arbitration contexts.
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Supreme Court hears oral arguments over whether successive class actions can be filed after the expiration of the statute of limitations
This morning I attended the oral argument in China Agritech, Inc. v. Resh (PDF). The case arises against the backdrop of the long-standing rule declared in American Pipe and Construction Co. v. Utah (1974) that the filing of a putative…
DC Circuit issues long-awaited TCPA decision and invalidates FCC’s 2015 autodialer and reassigned-number rules
Last Friday, a panel of the D.C. Circuit issued its decision in ACA International v. FCC (pdf). The decision, which arrived nearly 17 months after the oral argument, struck down key elements of the FCC’s controversial 2015 Declaratory Ruling…
Ninth Circuit rejects nationwide class settlement
Another Ninth Circuit panel has roiled the class certification waters, this time rejecting a class action settlement because the district court did not conduct a meaningful analysis of predominance.…
Seventh Circuit enforces important limit on class action tolling
As we have noted before, the tolling rule created by the Supreme Court in the American Pipe case–which tolls the statute of limitations for absent class members when a class action is filed–generates vigorous disputes over when stale or…
Congress votes to invalidate CFPB’s anti-arbitration rule
The anti-arbitration rule issued by the Consumer Financial Protection Bureau in July is now just one short step away from elimination.
The Senate tonight voted 51-50 (with Vice President Pence casting the deciding vote) to invalidate the CFPB’s rule under…
Supreme Court Considers Class Waivers in Employment Arbitration Agreements
The Supreme Court kicked off its October 2017 Term yesterday with a spirited oral argument in the three cases involving the enforceability of arbitration agreements in employment contracts.
As we have explained, these cases—Epic Systems v. Lewis,…
Making sense of the cascade of appellate decisions on ascertainability
We have repeatedly discussed in this space the ongoing debate among the federal courts about ascertainability—a red-hot topic in class action litigation these days. (For a more detailed look at our views on the ascertainability doctrine, see the amicus…
Supreme Court Refuses To Allow Class Action To Extend Deadline For Filing Suit
Today, in CalPERS v. ANZ Securities, Inc. (pdf), the Supreme Court recognized a crucial limitation on the doctrine that allows a class action to toll the deadline for absent class members to bring their own separate individual suits. We’ve been…
Solicitor General weighs in against NLRB’s anti-arbitration rule
As many of our readers know, the Supreme Court will hear arguments next term in a trio of cases examining whether class waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act. Many observers—including the two of us—believed…