Tag Archives: scotus

Class Action Year In Review 2021

By Bethany Lukitsch, Julie Singer Brady and Paul Karlsgodt on January 15, 2022 Posted in Year-end Review of Class Actions

BakerHostetler has released its Class Action Year In Review, which presents a brief overview of the landscape for class actions in 2021 and a preview of what to expect for 2022. The report covers class action litigation in several areas: Financial services Advertising and marketing: food, beverage and product labeling Privacy Insurance Employment Appellate decisions … Continue Reading

Standing in Uncertainty: Spokeo Three Years Later

By Ken Prabucki and Brittany Lockyer on May 21, 2019 Posted in Class Actions Privacy

In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete harm” requirement for Article III standing. The Court explained that while harm must be “concrete,” it need not … Continue Reading

Supreme Court: Express Consent Required for Class Arbitration

By Douglas A. Vonderhaar on May 14, 2019 Posted in Arbitration

On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration. In Lamps Plus, Inc. v. Varela, the Supreme Court voted 5-4 to overturn the Ninth Circuit’s decision that the arbitration agreement between Lamps Plus and one of … Continue Reading

No Supreme Court Review of Moldy Washer Cases

By Paul Karlsgodt on February 24, 2014 Posted in Class Action Trends, Class Certification, Issue Certification

Earlier today, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly defective washing machines. The denial of cert in Butler v. Sears, Roebuck & Co., Nos. 11-8029, 12-8030 (7th Cir., Aug. 22, … Continue Reading

Objectors Seek Writ of Certiorari to SCOTUS Over Monsanto Agent Orange Settlement

By Justin Winquist on February 3, 2014 Posted in Class Certification, Settlements, Uncategorized

On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to entertain the objectors’ request to reverse the West Virginia Supreme Court’s November 22, 2013 decision, which affirmed the trial … Continue Reading

SCOTUS: Mississippi AG Suit is not a Removable CAFA Mass Action

By Casie Collignon on January 14, 2014 Posted in Antitrust, Class Action Fairness Act

In Mississippi ex rel. Jim Hood v. AU Optronics Corp., Case No. 12-1036 (U.S. Jan. 14, 2014), the United States Supreme Court reversed the Fifth Circuit’s decision and held that a statewide antitrust lawsuit brought by the state attorney general seeking restitution for its citizens is not a CAFA mass action and is therefore not … Continue Reading

Supreme Court to Consider CAFA’s Reach to Attorney General Suits

By Deborah Renner on June 3, 2013 Posted in Class Action Fairness Act

Editors’ Note — This post originally appeared in Rennerclassactions.com, and is reprinted by permission. The U.S. Supreme Court recently decided The Standard Fire Insurance Co. v. Knowles , a case that dealt with the extent to which plaintiffs can avoid federal jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”) by pleading around it. (See our March 20, 2013 post.) On May … Continue Reading

Supreme Court Hears AMEX Class Arbitration Case

By Deborah Renner on March 14, 2013 Posted in Arbitration

Editors’ Note: This post was originally published at rennerclassactions.com, and is reprinted with permission. The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133. The case stems from the Second Circuit’s February 1, 2012 decision that American Express (“AMEX”) could not compel a putative class of merchants to arbitrate their … Continue Reading

Materiality Can Wait, Says the Supreme Court in Amgen

By Paul Karlsgodt on February 27, 2013 Posted in Class Certification, Securities

The following post is reprinted with permission from Paul Karlsgodt’s blog, www.classactionblawg.com. Stay tuned over the coming days for more in-depth analysis of the Amgen decision and its potential implications for securities class actions and class actions more generally. The Supreme Court has issued its opinion in one of the most highly anticipated class action-related cases on … Continue Reading

Supreme Court Declines to Take on the Issue of Issue Certification

By Paul Karlsgodt on October 10, 2012 Posted in Issue Certification

A definitive ruling on whether courts may certify class actions to decide discrete issues, as opposed to cases or claims, will have to wait. Last Monday, the United States Supreme Court denied a writ of certiorari to review the Seventh Circuit Court of Appeals’ ruling in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 672 F.3d 482 … Continue Reading

Future of International Class Actions in the U.S. Courts May Be at Stake in Upcoming Supreme Court Case

By Paul Karlsgodt on September 19, 2012 Posted in International Class Action Law

Editor’s Note – This article was co-authored by Tina Amin and Paul Karlsgodt in the firm’s Denver office Today is Talk Like a Pirate Day, which is always a reminder of the Alien Tort statute (“ATS”), an arcane law that was originally enacted in 1789 in part to combat piracy. In recent years, the ATS … Continue Reading

The Stakes are High as Supreme Court Considers Evidentiary Standards for Expert Testimony on Class Certification

By Paul Karlsgodt on August 28, 2012 Posted in Class Certification, Expert Testimony

The Supreme Court is set to hear oral argument in the case of Comcast v. Behrend this November. The Court’s decision in that case should further refine the Court’s guidance in Wal-Mart Stores, Inc. v. Dukes about the proper standards for federal courts in reviewing motions for class certification. Recently, a team of appellate and … Continue Reading

Thoughts on Class Actions After Wal-Mart Stores, Inc. v. Dukes

By Katayoun Donnelly on February 25, 2012 Posted in Rule 23 Requirements

After the Supreme Court’s decision in Wal–Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011) was announced, many believed class certification of employment classes or Rule 23b(2) classes would be a thing of the past. Developments after Dukes, however, demonstrate that, to the contrary, courts have found ways to avoid the impact of Dukes. Dukes … Continue Reading

Supreme Court Allows Arbitration Despite Non-Disclosure of a Customer’s Right to Sue

By Patrick T. Lewis on February 2, 2012 Posted in Arbitration

The Supreme Court’s recent decision in CompuCredit Corp. v. Greenwood, 565 U.S. __, 132 S.Ct. 665, 181 L.Ed.2d 586 (2012), found that despite an act requiring a disclosure of a consumer’s “right to sue,” claims under the act would still be arbitrable absent clear congressional intent to the contrary. Plaintiffs held credit cards marketed and … Continue Reading

Supreme Court Limits Use of Injunctions to Thwart Relitigation of Denial of Certification

By Jennifer Vessells on January 22, 2012 Posted in Anti-Injunction Act, Injunctions, Rule 23 Requirements

In an opinion written by Justice Kagan, the Supreme Court’s recent decision in Smith v. Bayer, 131 S. Ct. 2368 (2011) leaves class action plaintiffs with a way in which to potentially relitigate adverse certification decisions. Holding that a federal court could not enjoin a state court from determining a motion for certification similar to … Continue Reading

Class Arbitration May Not Be Imposed

By Deborah Renner on January 16, 2012 Posted in Arbitration

The Supreme Court’s decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 130 S. Ct. 1758 (2010) significantly narrows the circumstances in which plaintiffs may proceed in arbitration as a class, holding that courts may not impose class arbitration on parties whose arbitration clauses are silent on the issue. The impact of the Supreme Court’s decision … Continue Reading

Class Arbitration: Supreme Court Holds That FAA Pre-Empts California Law on Unconsciounability of Arbitration Provisions

By Deborah Renner on January 2, 2012 Posted in Arbitration

In determining that the Federal Arbitration Act (“FAA”) preempted a California rule that rendered most class action waiver provisions in consumer arbitration agreements unconscionable, the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) shed doubt on the continued viability of the class action device in the arbitration context. Reasoning that … Continue Reading