Tag Archives: supreme court

New Challenges to Incentive Awards for Class Representatives Invite Supreme Court Review

Photo of Nicholas A. CordovaPhoto of Julie Singer BradyBy Nicholas A. Cordova and Julie Singer Brady on Posted in Awards
huge deposit of dollars stack 3d illustrationLast week, the U.S. Court of Appeals for the Second Circuit issued a decision that highlights a growing disagreement among federal appellate courts as to whether class action settlements may include a cash incentive award to named plaintiffs for serving as class representatives. This deepening debate creates uncertainty as to whether incentive awards will continue … Continue Reading

The U.S. Supreme Court Agrees to Hear Case Regarding Whether State Business Registration Requirements Can Create General Personal Jurisdiction

Photo of Ali HaqueBy Ali Haque on Posted in Supreme Court
The U.S. Supreme Court has agreed to consider whether the Due Process Clause of the Fourteenth Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction as a condition to doing business in the state. Mallory v. Norfolk S. Ry. Co., U.S. Supreme Court, No. 21-1168, granted. The plaintiff is a Virginia … Continue Reading

Class Action Year In Review 2021

Photo of Bethany LukitschPhoto of Julie Singer BradyPhoto of Paul KarlsgodtBy Bethany Lukitsch, Julie Singer Brady and Paul Karlsgodt on 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

Judge Kavanaugh’s Limited Class-Action Jurisprudence Reveals a Healthy Skepticism for Class Actions

Photo of BakerHostetlerBy BakerHostetler on Posted in Rule 23(b)(2) Class Actions, Supreme Court
By: Robert J. Tucker and Katherine R. Johnston* Judge Kavanaugh has had very few occasions to address the procedural mechanism of Rule 23. This is not surprising given that few class-action cases end up in the D.C. Circuit. But where he has, Judge Kavanaugh’s commentary suggests that he may be mindful of the realities and … Continue Reading

Supremes Hold SLUSA Is Clear – 33 Act Class Claims Stay in State Court

Photo of Cody WigingtonBy Cody Wigington on Posted in Securities
Yesterday, the United States Supreme Court, in a unanimous decision, handed class action plaintiffs a victory by holding that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) allows them to pursue alleged violations of the Securities Act of 1933 (the 33 Act) in state court. Securing plaintiffs’ ability to pursue these claims in state … Continue Reading

Concrete and Particularized Part II: What Spokeo May Mean for Class Actions

Photo of Rand L. McClellanPhoto of Keesha N. WarmsbyBy Rand L. McClellan and Keesha N. Warmsby on Posted in Class Actions Privacy
This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on privacy class actions and big data. Today’s post focuses on the decision’s impact on class actions. … Continue Reading

Supreme Court Nixes Defendants’ Attempts to Get Rid of Class Actions by Making “Pickoff” Offers to Settle Named Plaintiffs’ Individual Claims

Photo of Jacqueline MatthewsBy Jacqueline Matthews on Posted in TCPA
Editor’s Note: Originally published by the Columbus Chamber of Commerce, this article appeared on their website March 10 2016. It is republished to BakerHostetler’s Class Action Lawsuit Defense blog with their permission. The Supreme Court recently held that a defendant cannot get rid of a class action by merely offering to settle with the named plaintiff on … Continue Reading

BakerHostetler Antitrust Lawyer Examines Recent Development in Antitrust Class Action Litigation

Photo of Danyll FoixBy Danyll Foix on Posted in Antitrust
The Antitrust Review of the Americas 2015 features a chapter by BakerHostetler antitrust partner Edmund W. Searby entitled, “United States: Private Antitrust Litigation – Class Actions.”  He wrote: “As many appreciate, two Supreme Court decisions in the last seven years have assisted the defense of antitrust class actions.  The first and most significant is the enhancement … Continue Reading

Basic Is Dying a Slow Death: The Supreme Court Upholds the Fraud-on-the-Market Presumption in Halliburton but Allows Rebuttal

Photo of BakerHostetlerBy BakerHostetler on Posted in Securities
Given the opportunity to overrule its landmark 1988 decision in Basic v. Levinson, in which it created the fraud-on-the-market presumption, the Supreme Court declined. The Court found in its decision this week in Halliburton that, while it was not ready to dismiss the presumption altogether, it would allow defendants to offer rebuttal evidence at the … Continue Reading

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

Photo of Casie CollignonBy Casie Collignon on 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

Clapper and Data Breach Litigation

Photo of Rand L. McClellanBy Rand L. McClellan on Posted in Class Action Trends, Data Breach
In Clapper v. Amnesty International USA,  133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal government’s right to conduct electronic surveillance under the Foreign Intelligence Surveillance Act (FISA),  50 U.S.C. § 1881a, lacked standing to pursue their claims.  In reaching its holding, the Court made statements that should … Continue Reading

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes’ Standards for Class Certification but Leaves the Question of Daubert for Another Day

Photo of Casie CollignonBy Casie Collignon on Posted in Antitrust, Class Certification, Expert Testimony, Predominance, Rule 23 Requirements
Co-authored by: John B. Lewis, Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, and Rodger L. Eckelberry Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team, Employment Team, and BakerHostetler’s Class Action Team. On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case … Continue Reading

Comcast v. Behrend: Supreme Court Tightens Certification Requirements, But Leaves Standard For Expert Evidence Uncertain

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in Antitrust, Class Certification, Predominance, Rule 23 Requirements
On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects.  First, Behrend requires plaintiffs to show a method by which class-wide damages can be commonly calculated in Rule 23(b)(3) antitrust class actions.  Second, the decision confirmed that the Court’s “rigorous analysis” … Continue Reading

Supreme Court Hears AMEX Class Arbitration Case

By Deborah Renner on 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

A Big Week for the Securities Bar: Amgen and Gabelli

By Deborah Renner on Posted in Class Certification, Commonality, Injunctions, Practice Pointers, Predominance, Securities
Co-authored by: Marc D. Powers, Mark A. Kornfeld, and Jessie M Gabriel Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team and BakerHostetler’s Class Action Team. The Supreme Court last week issued two opinions of major importance to the securities bar. In Amgen Inc. v. Connecticut Retirement … Continue Reading

Materiality Can Wait, Says the Supreme Court in Amgen

Photo of Paul KarlsgodtBy Paul Karlsgodt on 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

U.S. Supreme Court To Review Fifth Circuit’s SLUSA Decision in Stanford Ponzi Scheme Case

Photo of Shawn P. HoughBy Shawn P. Hough on Posted in Class Action Trends, Securities
Co-author: Frank Oliva The Supreme Court recently granted certiorari to examine the “in connection with” requirement of the Securities Litigation Uniform Standards Act (“SLUSA”) in Chadbourne & Parke LLP v. Troice, No. 12-79.  SLUSA generally precludes state law securities class actions when there is a misrepresentation or omission “in connection with the purchase or sale … Continue Reading

Supreme Court Declines to Take on the Issue of Issue Certification

Photo of Paul KarlsgodtBy Paul Karlsgodt on 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

Wal-Mart Sex Discrimination Plaintiffs Get a Second Bite at a Smaller Apple

Photo of Casie CollignonBy Casie Collignon on Posted in Class Action Trends, Class Certification, Class Definition, Equitable Relief, Rule 23 Requirements, Rule 23(b)(2) Class Actions
Last year, the Supreme Court ruled in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), that five named plaintiffs alleging nationwide sex discrimination class action claims did not satisfy Rule 23(a)’s commonality requirement and could not bring class claims for monetary relief under Rule 23(b)(2). In October of last year, the plaintiffs filed a … Continue Reading

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

Photo of Paul KarlsgodtBy Paul Karlsgodt on 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

Photo of Paul KarlsgodtBy Paul Karlsgodt on 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

Is “Materiality” a Class Certification or Merits Issue?

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in Class Action Trends, Class Certification, Securities
Contributing Author: Taylor Jackson The Supreme Court agreed last month to hear an appeal from a Ninth Circuit case, Conn. Retirement Plans & Trust Funds v. Amgen, Inc., 660 F.3d 1170 (9th Cir. 2011), that affirmed an order certifying a securities fraud class based on the fraud-on-the-market theory. Plaintiffs alleged Amgen misrepresented the safety of … Continue Reading
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