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4 Nov 2010, 8:16 am by Anna Christensen
Concepcion, the Court will hear arguments in a class-action lawsuit to determine whether the Federal Arbitration Act preempts a state court decision holding that a class action ban within an arbitration clause is unenforceable. [read post]
28 Jun 2011, 8:17 am by Maureen Cosgrove
Jackson [docket; cert. petition, PDF], declining to determine whether a state court erred in certifying a class of smokers who sued four tobacco companies, claiming that cigarettes containing nicotine are defective products. [read post]
30 Jul 2014, 1:56 pm by Wystan Ackerman
State Attorney General Suits:  Christopher Curran, who argued Mississippi v. [read post]
8 Jan 2013, 11:51 am by The Federalist Society
The question in this case is whether a named plaintiff in a state class action can, before the class is certified, preclude removal of the case to federal court by purporting to limit the damages sought for putative class members to less than $5 million--the threshold that triggers a right of removal under the Class Action Fairness Act of 2005. [read post]
8 Jan 2013, 11:51 am by The Federalist Society
The question in this case is whether a named plaintiff in a state class action can, before the class is certified, preclude removal of the case to federal court by purporting to limit the damages sought for putative class members to less than $5 million--the threshold that triggers a right of removal under the Class Action Fairness Act of 2005. [read post]
  These cases can cause logistical nightmares for the courts, and great benefits for plaintiffs, for two primary reasons: (1) the standard for certification of a class is differerent for federal and state claims, and (2) classes in federal claims are "opt in" classes while those for state claims are "opt out" classes. [read post]
24 May 2018, 9:37 am by Bianca Saad
The United States Supreme Court has ruled that class action waivers contained in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA) and do not violate the National Labor Relations Act (NLRA) (Epic Systems Corp. v. [read post]