Class-action ruling leaves unanswered questions 
By:
Kimberly Atkins
Published: April 2, 2013
Tags: AT&T Mobility LLC v. Concepcion, class action, class certification, Comcast, Daubert, Wal-Mart Stores v. Dukes
WASHINGTON – It was a closely watched case that came to a dramatic and unexpected conclusion of questionable precedential value. Now attorneys are left pondering what effect, if any, the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend will have on class-action certifications.
CLASS ACTIONS
Published: March 27, 2013
Tags: class action, U.S. Supreme Court
A consumer class action should not have been certified because the plaintiffs’ expert testimony failed to establish that the case was susceptible to awarding damages on a class-wide basis.
See “Justices rule in closely-watched class action case”
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Justices rule in closely-watched class action case
Published: March 27, 2013
Tags: class action, U.S. Supreme Court
A consumer class action should not have been certified because the plaintiffs’ expert testimony failed to establish that the case was susceptible to awarding damages on a class-wide basis, the U.S. Supreme Court has ruled 5-4.
Employee must arbitrate ‘pattern-or-practice’ suit
Published: March 26, 2013
Tags: arbitration, class action, sex discrimination, Title VII
An employer could compel arbitration when sued by a former female employee for engaging in a continuing pattern or practice of sex discrimination, the 2nd U.S. Circuit Court of Appeals has ruled in reversing judgment.
Class action ruling gives defense bar more good news
By:
Kimberly Atkins
Published: March 25, 2013
Tags: class action, federal jurisdiction, U.S. Supreme Court
WASHINGTON — The U.S. Supreme Court’s first ruling addressing the Class Action Fairness Act is the latest bit of good news from Washington for the class action defense bar.
Court rejects materiality requirement for securities class certification
Published: February 27, 2013
Tags: class action, fraud on the market, materiality, SEC, securities, U.S. Supreme Court
A securities fraud plaintiff was not required to submit proof of materiality in order to obtain class certification, the U.S. Supreme Court has ruled 6-3.
Large cy pres award undercut $35.5M class settlement
Published: February 22, 2013
Tags: attorney fees, class action, consumer protection, cy pres
A $35.5 million class settlement of consumer claims should not have been approved without fuller consideration of whether it could have been structured to provide a greater direct benefit to class members, the 3rd U.S. Circuit Court of Appeals has ruled in reversing judgment.
Debt adjuster can’t demand binding arbitration
Published: February 14, 2013
Tags: arbitration, AT&T Mobility LLC v. Concepcion, class action, consumer protection, Federal Arbitration Act, preemption
A debt adjuster could not enforce a binding arbitration clause in its service contract when sued by a customer for violating state consumer protection law, the Washington Supreme Court has ruled in affirming judgment.
Toyota can’t arbitrate anti-lock brake system claims
Published: February 4, 2013
Tags: arbitration, class action, consumer protection
Toyota could not enforce arbitration clauses in its dealerships’ purchase agreements and leases when sued for manufacturing cars with defective brake systems, the 9th Circuit has ruled in affirming judgment.
Defendant can’t moot consumer class action
Published: January 29, 2013
Tags: class action, consumer protection
A consumer fraud defendant could not moot a putative class action by tendering full individual relief to the lead plaintiff, Maryland’s highest court has ruled in reversing judgment.
