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Third-party defendant can’t remove class action 

Published: May 11, 2012

Tags: class action fairness act, class actions, removal

A third-party defendant in a state foreclosure action cannot seek removal under the Class Action Fairness Act, the 6th Circuit has ruled in affirming a remand order.

Employer can’t be forced to arbitrate class claims 

Published: May 1, 2012

Tags: arbitration, class actions, class arbitration

An employee who signed an arbitration agreement that neither authorized nor prohibited class arbitration can’t arbitrate her wage-and-hour disputes as part of a class, the California Court of Appeal has ruled.

Student loan arbitration clause enforceable 

Published: March 9, 2012

Tags: arbitration, AT&T Mobility v. Concepcion, class actions, consumer protection, Federal Arbitration Act, fraud, preemption, student loans

A student lender sued for fraud could enforce an arbitration clause in its loan agreements, the 9th Circuit has ruled reversing judgment.

Fosamax claims aren’t subject to tolling 

Published: March 6, 2012

Tags: class actions, equitable tolling, Fosamax, product liability, statute of limitations

The pendency of a Fosamax class action in another jurisdiction did not toll the statute of limitations for individual Fosamax claims, the Virginia Supreme Court has ruled in answering certified questions from the 2nd Circuit.

Nursing home arbitration clauses may be enforceable 

Published: February 21, 2012

Tags: arbitration, AT&T v. Concepcion, class actions, Federal Arbitration Act, nursing home, wrongful death

State courts could not categorically refuse to enforce arbitration clauses in the admission contracts of nursing homes sued for wrongful death, the U.S Supreme Court has ruled in a per curiam decision.

ARBITRATION 

Published: February 21, 2012

Tags: arbitration, AT&T v. Concepcion, class actions, Federal Arbitration Act, nursing home, wrongful death

State courts could not categorically refuse to enforce arbitration clauses in the admission contracts of nursing homes sued for wrongful death.

See “Nursing home arbitration clauses may be enforceable”

U.S. Supreme Court. Marmet Health Care
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At the class certification stage, a harder look at experts 

By: Kimberly Atkins
Published: February 16, 2012

Tags: 7th Circuit, class actions, Daubert standard, expert testimony, Supreme Court, Wal-Mart v. Dukes

WASHINGTON – In the year since the U.S. Supreme Court made it tougher for large groups of plaintiffs to prove that they should proceed in a class action, courts have been taking a harder look at a key type of evidence plaintiffs use to make that case: expert witness testimony.

NLRB protects class actions, sends employers scrambling 

By: Kimberly Atkins
Published: February 9, 2012

Tags: arbitration, AT&T v. Concepcion, class actions, labor law, mandatory arbitration, National Labor Relations Act, National Labor Relations Board, NLRA, NLRB, Supreme Court

WASHINGTON – Just when attorneys thought the issue of class action waivers in mandatory arbitration clauses had been settled by the U.S. Supreme Court once and for all, a National Labor Relations Board ruling has called into question employers’ ability to use arbitration clauses in employment contracts to prohibit class and collective actions.

Class improperly certified in Honda brake system case 

Published: January 18, 2012

Tags: Acura, class actions, consumer protection, honda

A nationwide class should not have been certified in a lawsuit alleging that Honda misrepresented the characteristics of a high-tech braking system installed in certain Acuras, the 9th Circuit has ruled in reversing judgment.

NLRB: Arbitration clauses cannot bar class actions 

By: Kimberly Atkins
Published: January 8, 2012

Tags: class actions, collective bargaining, mandatory arbitration, NLRB

WASHINGTON – Requiring employees to sign mandatory pre-dispute arbitration agreements that prevent them from collectively pursuing employment-related legal claims in any other forum violates the National Labor Relations Act, the National Labor Relations Board has ruled.