Tag Archives: supreme court

The Supreme Court’s Shady Grove Decision – Erie Unexplained

The Supreme Court’s decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co., 130 S. Ct. 1431 (2010) does little to clarify the application of the Erie Doctrine.  While many courts endeavor to apply and follow Erie, the classification of statutes and rules as “substantive” or “procedural” is far from uniform.  In a plurality … Continue Reading

Supreme Court’s Wal-Mart Decision Holds Title VII Class Not Certifiable for Lack of Commonality and Rejects Rule 23(b)(2) Certification

In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __, 131 S.Ct. 2541, 180 L.Ed.2d 374 (2011), the Supreme Court held that a Title VII discrimination claim could not be determined on a casewide basis where employment decisions were made locally with no corporate direction. The Court also determined that claims for backpay could not certified … Continue Reading

Class Arbitration May Not Be Imposed

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

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
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