Class Action Waivers in Consumer Finance Arbitration Agreements to be Banned:...
On May 24, 2016, the Consumer Financial Protection Bureau’s (CFPB) long-anticipated Proposed Rule prohibiting the use of class action waivers in consumer finance arbitration agreements was published in...
View ArticleDefeated North Carolina Class Action Ultimately Results in Victory for...
What began several years ago as a defeated attempt at a class action against the North Carolina Department of Transportation (NCDOT) ultimately resulted in a win this month for plaintiff landowners in...
View ArticleDefeated NC Class Action Ultimately Results in Victory in Map Act Fight...
DEFEATED NC CLASS ACTION ULTIMATELY RESULTS IN VICTORY IN MAP ACT FIGHT AGAINST NCDOT (June 16, 2016): What began several years ago as a defeated attempt at a class action against the North Carolina...
View ArticleClass Action Settlements at the Heart of Proposed Amendments to Federal Rule...
Federal class action jurisprudence has been evolving rapidly over the course of the last 5-6 years, with several major U.S. Supreme Court decisions defining and redefining many aspects of class...
View ArticleBroadening Split on Viability of Class Waivers in Employment Arbitration...
In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal...
View ArticleCongressional Overhaul of Class Action Procedure Pending Senate Consideration
As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action...
View ArticleDefendant Companies Now Have the Right to Appeal North Carolina Class...
The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the...
View ArticleCompanies Defending Class Actions in NC Have New Right to Appeal Class...
COMPANIES DEFENDING CLASS ACTIONS IN NC HAVE NEW RIGHT TO APPEAL CLASS CERTIFICATION (June 4, 2017): The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives...
View ArticleCFPB Final Rule Banning Class Action Waivers in Arbitration Agreements: The...
The Consumer Financial Protection Bureau (CFPB) recently announced the release of its final rule that prohibits the use of class action waivers in certain consumer finance arbitration agreements. This...
View ArticleCFPB Final Arbitration Rule Bans Class Action Waivers, But Will it Survive?
The Consumer Financial Protection Bureau (CFPB) recently announced the release of its final rule prohibiting the use of class action waivers in certain consumer finance arbitration agreements. The rule...
View ArticleReversal of Fortune: Congress Strikes Down CFPB Arbitration Rule Banning...
U.S. businesses have the good fortune to be on the receiving end of a favorable U.S. Senate vote nullifying the hotly-contested Consumer Financial Protection Bureau (CFPB) rule banning class action...
View ArticleThe Next Big Thing: Will Employment Agreement Class Action Waivers Clear the...
This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a...
View ArticleThe Doors of State Courthouses Remain Open to Class Action Plaintiffs with...
In 2017, federal securities class actions were filed at a rapid clip, averaging more than one per day - a level not seen in nearly 20 years according to survey data. It was the third year of growth and...
View ArticleA Split U.S. Supreme Court Upholds Class Waivers in Individual Employment...
The viability of class waivers in employment agreements has been a closely watched battle in the courts since the National Labor Relations Board (NLRB) ruled in D. R. Horton, Inc. and Michael Cuda,...
View ArticleU.S. Supreme Court Says “No” to Plaintiff Attempts to File Repetitive Class...
It is easy to overgeneralize the outcome of a legal dispute as pro-plaintiff or pro-defendant to paint a picture of which way a court is leaning and who is finding favor. This week, the U.S. Supreme...
View ArticleHas Cy Pres Gone Too Far: U.S. Supreme Court to Consider When Class Action...
There has been a lot of discussion surrounding class action litigation over the course of the last several years. The U.S. Supreme Court has tackled a variety of issues ranging from the use of class...
View ArticleWhat About the Merits – What, If Anything, Will the Supreme Court Do With Cy...
We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The...
View ArticleStanding in the Way of a Supreme Court Decision on Cy Pres-Only Class Action...
What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant...
View ArticleNo Standing to Sue, No Class Action Settlement - U.S. Supreme Court Remands...
We have been following the Frank v. Gaos, 586 U. S. __ (2019) class action case, which presented an opportunity for the U.S. Supreme Court to determine the limits on the use of the cy pres doctrine in...
View ArticleU.S. Supreme Court Limited Authority to Remove Class Actions to Original...
A defendant by any other name does not smell as sweet when it comes to removing class actions from state court to federal court, even under the Class Action Fairness Act of 2005 (“CAFA”). Congress...
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