We’ve previously blogged about Bristol-Myers Squibb v. Superior Court (“BMS”), in which the Supreme Court granted certiorari to review a decision of the California Supreme Court that adopted an unusual—and extraordinarily expansive—view of California courts’ power to exercise specific personal
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.
Latest from Class Defense Blog - Page 6
Court refuses to certify 5-hour Energy false-advertising class action for lack of common proof
The U.S. District Court for the Central District of California recently issued an interesting decision (pdf) denying class certification in 15 consolidated consumer class actions against the maker of 5-hour ENERGY drinks.…
Supreme Court rejects end runs around Rule 23(f) by use of “voluntary dismissal” tactic
Today’s decision by the Supreme Court in Microsoft Corp. v. Baker puts an end to a tactic used by plaintiffs in the Ninth Circuit to manufacture an immediate appeal of an order denying class certification. When a federal district court…
Can Opt-Out Plaintiffs File Suit After Expiration of a Statute of Repose? Supreme Court Hears Oral Argument in CalPERS v. ANZ Securities
Yesterday afternoon, the Supreme Court heard oral argument (pdf) in CalPERS v. ANZ Securities, a case that asks whether a plaintiff asserting violations of Section 11 of the Securities Act of 1933 can file suit after the three-year outer…
DC Circuit invalidates FCC’s opt-out requirement for solicited faxes
Good news for businesses that use fax machines to communicate with customers: A panel of the D.C. Circuit has just struck down the FCC’s 2014 order mandating that even faxes requested by the recipient that contain advertising material include a…
Two Recent Appellate Decisions Illustrate Divergent Approaches To Spokeo
Hundreds of lower courts have interpreted and applied the Supreme Court’s decision in Spokeo, Inc. v. Robins over the past ten months. We will provide a more comprehensive report on the post-Spokeo landscape in the near future, but the overarching…
Supreme Court Hears Arguments In Microsoft v. Baker To Address When A Named Plaintiff Can Appeal The Denial Of Class Certification
Earlier today, the Supreme Court heard oral argument (pdf) in Microsoft Corp. v. Baker, a case that raises complicated questions about federal appellate jurisdiction and Article III standing, but ultimately involves an important practical question in class action litigation:…
Court Strikes Class Allegations in TCPA Case
The recent decision in Cholly v. Uptain Group, No. 15 C 5030, 2017 WL 449176 (N.D. Ill. Feb. 1, 2017), drives home the point—as we’ve discussed on the blog before—that sometimes the pleadings alone reveal that the requirements for…
Supreme Court Will Review Two Important Cases Regarding Scope Of Personal Jurisdiction
Every first-year law student learns that one of the first questions a defendant must ask is whether the court in which a lawsuit is filed has personal jurisdiction—that is, whether the state or federal court can exercise power over…
Supreme Court Will Review NLRB’s Anti-Arbitration D.R. Horton Rule
As we’ve noted in this space before, one of the most persistent efforts to undermine the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion—which held that the Federal Arbitration Act (FAA) generally requires enforcing arbitration agreements that…